625 ILCS 5/11-501.1
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 11 - Rules Of The Road

Sec. 11-501.1. Suspension of drivers license; statutory summary  alcohol, other drug or drugs, or intoxicating compound or  compounds related suspension or revocation; implied consent.(a) Any person who drives or is in actual physical control of a motor  vehicle upon the public highways of this State shall be deemed to have given  consent, subject to the provisions of Section 11-501.2, to a chemical test or  tests of blood, breath, other bodily substance, or urine for the purpose of determining the content of  alcohol, other drug or drugs, or intoxicating compound or compounds or  any combination thereof in the person's blood if arrested,  as evidenced by the issuance of a Uniform Traffic Ticket, for any offense  as defined in Section 11-501 or a similar provision of a local ordinance, or if arrested for violating Section 11-401.  If a law enforcement officer has probable cause to believe the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, the law enforcement officer shall request a chemical test or tests which shall be administered at the direction of the arresting  officer. The law enforcement agency employing the officer shall designate which  of the aforesaid tests shall be administered.  Up to 2 additional tests of urine or other bodily substance may be administered  even after a blood or breath test or both has  been administered.  For purposes of this Section, an Illinois law  enforcement officer of this State who is investigating the person for any  offense defined in Section 11-501 may travel into an adjoining state, where  the person has been transported for medical care, to complete an  investigation and to request that the person submit to the test or tests  set forth in this Section.  The requirements of this Section that the  person be arrested are inapplicable, but the officer shall issue the person  a Uniform Traffic Ticket for an offense as defined in Section 11-501 or a  similar provision of a local ordinance prior to requesting that the person  submit to the test or tests.  The issuance of the Uniform Traffic Ticket  shall not constitute an arrest, but shall be for the purpose of notifying  the person that he or she is subject to the provisions of this Section and  of the officer's belief of the existence of probable cause to  arrest.  Upon returning to this State, the officer shall file the Uniform  Traffic Ticket with the Circuit Clerk of the county where the offense was  committed, and shall seek the issuance of an arrest warrant or a summons  for the person.(a-5) (Blank).(b) Any person who is dead, unconscious, or who is otherwise in a condition  rendering the person incapable of refusal, shall be deemed not to have  withdrawn the consent provided by paragraph (a) of this Section and the test or  tests may be administered, subject to the provisions of Section 11-501.2.(c) A person requested to submit to a test as provided above shall  be warned by the law enforcement officer requesting the test that a  refusal to submit to the test will result in the statutory summary  suspension of the person's privilege to operate a motor vehicle, as provided  in Section 6-208.1 of this Code, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned that a refusal to submit to the test, when the person was involved in a motor vehicle accident that caused personal injury or death to another, will result in the statutory summary revocation of the person's privilege to operate a motor vehicle, as provided in Section 6-208.1, and will also result in the disqualification of the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, if the person is a CDL holder. The person shall also be warned by the law  enforcement officer that if the person submits to the test or tests  provided in paragraph (a) of this Section and the alcohol concentration in  the person's blood,  other bodily substance, or breath is 0.08 or greater, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of  a  drug, substance, or compound resulting from the unlawful use or consumption  of a controlled  substance  listed in the Illinois Controlled Substances Act, an intoxicating compound  listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's  blood, other bodily substance or urine, a statutory summary suspension of the person's privilege to  operate a motor vehicle, as provided in Sections 6-208.1 and 11-501.1 of this  Code, will be imposed. If the  person is also a CDL holder, he or she shall be warned by the law  enforcement officer that if the person submits to the test or tests  provided in paragraph (a) of this Section and the alcohol concentration in  the person's blood, other bodily substance, or breath is 0.08 or greater, or any amount of  a  drug, substance, or compound resulting from the unlawful use or consumption  of cannabis as covered by the Cannabis Control Act, a controlled  substance  listed in the Illinois Controlled Substances Act, an intoxicating compound  listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is detected in the person's  blood,  other bodily substance, or urine, a disqualification of    the person's privilege to operate a commercial motor vehicle, as provided in Section 6-514 of this Code, will be imposed.A person who is under the age of 21 at the time the person is requested to  submit to a test as provided above shall, in addition to the warnings provided  for in this Section, be further warned by the law enforcement officer  requesting the test that if the person submits to the test or tests provided in  paragraph (a) of this Section and the alcohol concentration in the person's  blood,  other bodily substance, or  breath is greater than 0.00 and less than 0.08, a  suspension of the  person's privilege to operate a motor vehicle, as provided under Sections  6-208.2 and 11-501.8 of this Code, will be imposed.  The results of this test  shall be admissible in a civil or criminal action or proceeding arising from an  arrest for an offense as defined in Section 11-501 of this Code or a similar  provision of a local ordinance or pursuant to Section 11-501.4 in prosecutions  for reckless homicide brought under the Criminal Code of 1961 or the Criminal Code of 2012. These test  results, however, shall be admissible only in actions or proceedings directly  related to the incident upon which the test request was made.A person requested to submit to a test shall also acknowledge, in writing, receipt of the warning required under this Section. If the person refuses to acknowledge receipt of the warning, the law enforcement officer shall make a written notation on the warning that the person refused to sign the warning.  A person's refusal to sign the warning shall not be evidence that the person was not read the warning.(d) If the person refuses testing or submits to a test that discloses  an alcohol concentration of 0.08 or more, or testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,  substance, or intoxicating compound in the person's breath, blood,  other bodily substance, or urine resulting from the  unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances  Act, an intoxicating compound listed in the Use of Intoxicating Compounds  Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall immediately submit a sworn report to  the  circuit court of venue and the Secretary of State, certifying that the test or  tests was or were requested under paragraph (a) and the person refused to  submit to a test, or tests, or submitted to testing that disclosed an alcohol  concentration of 0.08 or more, testing discloses the presence of cannabis as listed in the Cannabis Control Act with a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, or any amount of a drug,  substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the  unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances  Act, an intoxicating compound listed in the Use of Intoxicating Compounds  Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.  If the person is also a CDL holder and refuses testing or submits to a test that discloses  an alcohol concentration of 0.08 or more, or any amount of a drug,  substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the  unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances  Act, an intoxicating compound listed in the Use of Intoxicating Compounds  Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act, the law enforcement officer shall also immediately submit a sworn report to  the  circuit court of venue and the Secretary of State, certifying that the test or  tests was or were requested under paragraph (a) and the person refused to  submit to a test, or tests, or submitted to testing that disclosed an alcohol concentration of 0.08 or more, or any amount of a drug,  substance, or intoxicating compound in the person's breath, blood, other bodily substance, or urine resulting from the  unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances  Act, an intoxicating compound listed in the Use of Intoxicating Compounds  Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act.(e) Upon receipt of the sworn report of a law enforcement officer  submitted under paragraph (d), the Secretary of State shall enter the  statutory summary suspension or revocation and disqualification for the periods specified in Sections    6-208.1 and 6-514, respectively,  and effective as provided in paragraph (g).If the person is a first offender as defined in Section 11-500 of this  Code, and is not convicted of a violation of Section 11-501  of this Code or a similar provision of a local ordinance, then reports  received by the Secretary of State under this Section shall, except during  the actual time the Statutory Summary Suspension is in effect, be  privileged information and for use only by the courts, police officers,  prosecuting authorities or the Secretary of State, unless the person is a CDL holder, is operating a commercial motor vehicle or vehicle required to be placarded for hazardous materials, in which case the suspension shall not be privileged. Reports received by the Secretary of State under this Section shall also be made available to the parent or guardian of a person under the age of 18 years that holds an instruction permit or a graduated driver's license, regardless of whether the statutory summary suspension is in effect. A statutory summary revocation shall not be privileged information.(f) The law enforcement officer submitting the sworn report under paragraph  (d) shall serve immediate notice of the statutory summary suspension or revocation on the  person and the suspension or revocation and disqualification shall be effective as provided in paragraph (g).(1) In cases involving a person who is not a CDL     holder where the blood alcohol concentration of 0.08 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is established by a subsequent analysis of blood,  other bodily substance, or urine or analysis of whole blood or other bodily substance establishes a tetrahydrocannabinol concentration as defined in paragraph 6 of subsection (a) of Section 11-501.2 of this Code, collected at the time of arrest, the arresting officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the statutory summary suspension shall begin as provided in paragraph (g).(1.3) In cases involving a person who is a CDL holder     where the blood alcohol concentration of 0.08 or greater or any amount of a drug, substance, or compound resulting from the unlawful use or consumption of cannabis as covered by the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act is established by a subsequent analysis of blood,  other bodily substance, or urine collected at the time of arrest, the arresting officer or arresting agency shall give notice as provided in this Section or by deposit in the United States mail of the notice in an envelope with postage prepaid and addressed to the person at his or her address as shown on the Uniform Traffic Ticket and the statutory summary suspension and disqualification shall begin as provided in paragraph (g).(1.5)  The officer shall confiscate any Illinois     driver's license or permit on the person at the time of arrest. If the person has a valid driver's license or permit, the officer shall issue the person a receipt, in a form prescribed by the Secretary of State, that will allow that person to drive during the periods provided for in paragraph (g). The officer shall immediately forward the driver's license or permit to the circuit court of venue along with the sworn report provided for in paragraph (d).(2) (Blank).(g) The statutory summary suspension or revocation and disqualification  referred to in this Section shall  take effect on the 46th day following the date the notice of the statutory  summary suspension or revocation was given to the person.(h) The following procedure shall apply  whenever a person is arrested for any offense as defined in Section 11-501  or a similar provision of a local ordinance:Upon receipt of the sworn report from the law enforcement officer,  the Secretary of State shall confirm the statutory summary suspension or revocation by  mailing a notice of the effective date of the suspension or revocation to the person and  the court of venue. The Secretary of State shall also mail notice of the effective date of the disqualification to the person. However, should the sworn report be defective by not  containing sufficient information or be completed in error, the  confirmation of the statutory summary suspension or revocation shall not be mailed to the  person or entered to the record; instead, the sworn report shall  be  forwarded to the court of venue with a copy returned to the issuing agency  identifying any defect.(i) As used in this Section, "personal injury" includes any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional attention in either a doctor's office or a medical facility. A Type A injury includes severely bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene. (Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15; 99-467, eff. 1-1-16; 99-697, eff. 7-29-16.)