§ 14-90. Driving while under the influence of alcohol, other drug, or combination thereof.

(a)

A person shall not drive or be in actual physical control of any vehicle within this village while:

(1)

The alcohol concentration in such person's blood or breath is 0.08 or more based on the definition of blood and breath units in ILCS ch. 625, act 5, § 11-501.1; or

(2)

Under the influence of alcohol; or

(3)

Under the influence of any other drug or combination of drugs to a degree which renders such person incapable of safely driving; or

(4)

Under the combined influence of alcohol and other drug or drugs to a degree which renders such person incapable of safely driving; or

(5)

There is any amount of a drug, substance or compound in such person's blood or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, as now or hereafter amended or a controlled substance listed in the Illinois Controlled Substance Act as now or hereafter amended.

(b)

The fact that any person charged with violating this section is or has been legally entitled to use alcohol, or other drugs, or any combination of both, shall not constitute a defense against any charge of violating this section.

(c)

Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person's blood or breath at the time alleged as shown by analysis of the person's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:

(1)

If there was at that time an alcohol concentration of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol.

(2)

If there was at that time an alcohol concentration in excess of 0.05 but less than 0.08, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3)

If there was at that time an alcohol concentration of 0.08 or more, it shall be presumed that the person was under the influence of alcohol, other drug, or combination thereof.

(d)

The foregoing provisions of this section shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol.

(e)

If a person under arrest refuses to submit to a chemical test under the provisions of ILCS ch. 625, act 5, § 11-501.1, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person under the influence of alcohol, or other drugs or combination of both was driving or in actual physical control of a motor vehicle.

(f)

A violation of this section shall be punishable by a fine of not more than $750.00 and/or imprisonment for not more than six months, for the first offense. A second or subsequent conviction of violating this section or a similar provision of a local ordinance committed within five years of a previous violation of this section or a similar provision of a local ordinance shall be punishable by a minimum of 48 consecutive hours of imprisonment or assigned to a minimum of ten days of community service as may be determined by the court. The imprisonment or assignment shall not be subject to suspension nor shall the person be eligible for probation in order to reduce the sentence or assignment.

(Code 1993, § 13-3.1; Ord. No. 84-0-6, 3-6-1984; Ord. No. 96-O-11, 4-9-1996; Ord. No. 2001-O-8, 2-27-2001)