HB 6905

Abstract

Amends the Illinois Vehicle Code. Authorizes and establishes procedures for the statutory summary suspension of driver's licenses of persons who are stopped for DUI and who refuse to submit to preliminary breath or field sobriety tests. Provides that any person in control of a motor vehicle in this State shall be deemed to have given consent to performing field sobriety tests and to providing a breath sample for testing. Provides that the results of a preliminary breath screening or field sobriety test may be used by the defendant in any DUI administrative or court proceeding and may be used by the State in rebuttal to an assertion that the test did not accurately reflect a person's alcohol concentration. Permits temporary impounding of vehicles in certain cases. Provides that after a statutory summary suspension has been imposed on a person who previously has never been convicted of or received a disposition of supervision for a DUI offense, the court may immediately grant the person a judicial driving permit, if the person also submitted to field sobriety tests before failing the test of breath or blood alcohol. Provides for a hearing and procedures for a person who has had his or her license suspended for a failure to submit to having a breath screening or field sobriety test. Authorizes the Secretary of State to issue a restricted driving permit to a person who has had his or her license suspended for specified reasons if the person consents to a breath-alcohol ignition interlock device installed in his or her car. Amends the Unified Code of Corrections. Prohibits the court from assigning supervision to a defendant charged with driving a motor vehicle on a revoked or suspended license when the suspension or revocation was for violating the field sobriety test provision of the Vehicle Code if the defendant was convicted or assigned supervision within the last 10 years for driving on a revoked or suspended license. Makes other changes. Effective January 1, 2005.