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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5122

Introduced 2/10/2026, by Rep. Steven Reick

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-501

from Ch. 95 1/2, par. 11-501

Amends the Illinois Vehicle Code. Provides that every person
convicted of driving while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or any combination thereof
shall be guilty of aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or any
combination thereof if the person has been previously convicted of
operating a watercraft under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds, or combination thereof.
Provides that a person convicted of aggravated boating under the influence
of alcohol, other drug or drugs, or intoxicating compound or compounds, or
any combination thereof is guilty of a Class 4 felony.
LRB104 19780 LNS 33230 b

A BILL FOR

HB5122
LRB104 19780 LNS 33230 b
1

AN ACT concerning transportation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois Vehicle Code is amended by
5
changing Section 11-501 as follows:

6

(625 ILCS 5/11-501)

(from Ch. 95 1/2, par. 11-501)
7

Sec. 11-501.
Driving while under the influence of alcohol,
8
other drug or drugs, intoxicating compound or compounds or any
9
combination thereof.
10

(a) A person shall not drive or be in actual physical
11
control of any vehicle within this State while:
12

(1) the alcohol concentration in the person's blood,
13

other bodily substance, or breath is 0.08 or more based on
14

the definition of blood and breath units in Section
15

11-501.2;
16

(2) under the influence of alcohol;
17

(3) under the influence of any intoxicating compound
18

or combination of intoxicating compounds to a degree that
19

renders the person incapable of driving safely;
20

(4) under the influence of any other drug or
21

combination of drugs to a degree that renders the person
22

incapable of safely driving;
23

(5) under the combined influence of alcohol, other

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LRB104 19780 LNS 33230 b
1

drug or drugs, or intoxicating compound or compounds to a
2

degree that renders the person incapable of safely
3

driving;
4

(6) there is any amount of a drug, substance, or
5

compound in the person's breath, blood, other bodily
6

substance, or urine resulting from the unlawful use or
7

consumption of a controlled substance listed in the
8

Illinois Controlled Substances Act, an intoxicating
9

compound listed in the Use of Intoxicating Compounds Act,
10

or methamphetamine as listed in the Methamphetamine
11

Control and Community Protection Act; or
12

(7) the person has, within 2 hours of driving or being
13

in actual physical control of a vehicle, a
14

tetrahydrocannabinol concentration in the person's whole
15

blood or other bodily substance as defined in paragraph 6
16

of subsection (a) of Section 11-501.2 of this Code.
17

Subject to all other requirements and provisions under
18

this Section, this paragraph (7) does not apply to the
19

lawful consumption of cannabis by a qualifying patient
20

licensed under the Compassionate Use of Medical Cannabis
21

Program Act who is in possession of a valid registry card
22

issued under that Act, unless that person is impaired by
23

the use of cannabis.
24

(b) The fact that any person charged with violating this
25
Section is or has been legally entitled to use alcohol,
26
cannabis under the Compassionate Use of Medical Cannabis

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LRB104 19780 LNS 33230 b
1
Program Act, other drug or drugs, or intoxicating compound or
2
compounds, or any combination thereof, shall not constitute a
3
defense against any charge of violating this Section.
4

(c) Penalties.
5

(1) Except as otherwise provided in this Section, any
6

person convicted of violating subsection (a) of this
7

Section is guilty of a Class A misdemeanor.
8

(2) A person who violates subsection (a) or a similar
9

provision a second time shall be sentenced to a mandatory
10

minimum term of either 5 days of imprisonment or 240 hours
11

of community service in addition to any other criminal or
12

administrative sanction.
13

(3) A person who violates subsection (a) is subject to
14

6 months of imprisonment, an additional mandatory minimum
15

fine of $1,000, and 25 days of community service in a
16

program benefiting children if the person was transporting
17

a person under the age of 16 at the time of the violation.
18

(4) A person who violates subsection (a) a first time,
19

if the alcohol concentration in his or her blood, breath,
20

other bodily substance, or urine was 0.16 or more based on
21

the definition of blood, breath, other bodily substance,
22

or urine units in Section 11-501.2, shall be subject, in
23

addition to any other penalty that may be imposed, to a
24

mandatory minimum of 100 hours of community service and a
25

mandatory minimum fine of $500.
26

(5) A person who violates subsection (a) a second

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1

time, if at the time of the second violation the alcohol
2

concentration in his or her blood, breath, other bodily
3

substance, or urine was 0.16 or more based on the
4

definition of blood, breath, other bodily substance, or
5

urine units in Section 11-501.2, shall be subject, in
6

addition to any other penalty that may be imposed, to a
7

mandatory minimum of 2 days of imprisonment and a
8

mandatory minimum fine of $1,250.
9

(d) Aggravated driving under the influence of alcohol,
10
other drug or drugs, or intoxicating compound or compounds, or
11
any combination thereof.
12

(1) Every person convicted of committing a violation
13

of this Section shall be guilty of aggravated driving
14

under the influence of alcohol, other drug or drugs, or
15

intoxicating compound or compounds, or any combination
16

thereof if:
17

(A) the person committed a violation of subsection
18

(a) or a similar provision for the third or subsequent
19

time;
20

(B) the person committed a violation of subsection
21

(a) while driving a school bus with one or more
22

passengers on board;
23

(C) the person in committing a violation of
24

subsection (a) was involved in a motor vehicle crash
25

that resulted in great bodily harm or permanent
26

disability or disfigurement to another, when the

HB5122
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LRB104 19780 LNS 33230 b
1

violation was a proximate cause of the injuries;
2

(D) the person committed a violation of subsection
3

(a) and has been previously convicted of violating
4

Section 9-3 of the Criminal Code of 1961 or the
5

Criminal Code of 2012 or a similar provision of a law
6

of another state relating to reckless homicide in
7

which the person was determined to have been under the
8

influence of alcohol, other drug or drugs, or
9

intoxicating compound or compounds as an element of
10

the offense or the person has previously been
11

convicted under subparagraph (C) or subparagraph (F)
12

of this paragraph (1);
13

(E) the person, in committing a violation of
14

subsection (a) while driving at any speed in a school
15

speed zone at a time when a speed limit of 20 miles per
16

hour was in effect under subsection (a) of Section
17

11-605 of this Code, was involved in a motor vehicle
18

crash that resulted in bodily harm, other than great
19

bodily harm or permanent disability or disfigurement,
20

to another person, when the violation of subsection
21

(a) was a proximate cause of the bodily harm;
22

(F) the person, in committing a violation of
23

subsection (a), was involved in a motor vehicle crash
24

or snowmobile, all-terrain vehicle, or watercraft
25

accident that resulted in the death of another person,
26

when the violation of subsection (a) was a proximate

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1

cause of the death;
2

(G) the person committed a violation of subsection
3

(a) during a period in which the defendant's driving
4

privileges are revoked or suspended, where the
5

revocation or suspension was for a violation of
6

subsection (a) or a similar provision, Section
7

11-501.1, paragraph (b) of Section 11-401, or for
8

reckless homicide as defined in Section 9-3 of the
9

Criminal Code of 1961 or the Criminal Code of 2012;
10

(H) the person committed the violation while he or
11

she did not possess a driver's license or permit or a
12

restricted driving permit or a judicial driving permit
13

or a monitoring device driving permit;
14

(I) the person committed the violation while he or
15

she knew or should have known that the vehicle he or
16

she was driving was not covered by a liability
17

insurance policy;
18

(J) the person in committing a violation of
19

subsection (a) was involved in a motor vehicle crash
20

that resulted in bodily harm, but not great bodily
21

harm, to the child under the age of 16 being
22

transported by the person, if the violation was the
23

proximate cause of the injury;
24

(K) the person in committing a second violation of
25

subsection (a) or a similar provision was transporting
26

a person under the age of 16;
or

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LRB104 19780 LNS 33230 b
1

(L) the person committed a violation of subsection
2

(a) of this Section while transporting one or more
3

passengers in a vehicle for-hire
; or

.

4

(M) the person committed a first or subsequent
5

violation of subsection (a) and has been previously
6

convicted of violating Section 5-16 of the Boat
7

Registration and Safety Act.

8

(2)(A) Except as provided otherwise, a person
9

convicted of aggravated driving under the influence of
10

alcohol, other drug or drugs, or intoxicating compound or
11

compounds, or any combination thereof is guilty of a Class
12

4 felony.
13

(B) A third violation of this Section or a similar
14

provision is a Class 2 felony. If at the time of the third
15

violation the alcohol concentration in his or her blood,
16

breath, other bodily substance, or urine was 0.16 or more
17

based on the definition of blood, breath, other bodily
18

substance, or urine units in Section 11-501.2, a mandatory
19

minimum of 90 days of imprisonment and a mandatory minimum
20

fine of $2,500 shall be imposed in addition to any other
21

criminal or administrative sanction. If at the time of the
22

third violation, the defendant was transporting a person
23

under the age of 16, a mandatory fine of $25,000 and 25
24

days of community service in a program benefiting children
25

shall be imposed in addition to any other criminal or
26

administrative sanction.

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LRB104 19780 LNS 33230 b
1

(C) A fourth violation of this Section or a similar
2

provision is a Class 2 felony, for which a sentence of
3

probation or conditional discharge may not be imposed. If
4

at the time of the violation, the alcohol concentration in
5

the defendant's blood, breath, other bodily substance, or
6

urine was 0.16 or more based on the definition of blood,
7

breath, other bodily substance, or urine units in Section
8

11-501.2, a mandatory minimum fine of $5,000 shall be
9

imposed in addition to any other criminal or
10

administrative sanction. If at the time of the fourth
11

violation, the defendant was transporting a person under
12

the age of 16 a mandatory fine of $25,000 and 25 days of
13

community service in a program benefiting children shall
14

be imposed in addition to any other criminal or
15

administrative sanction.
16

(D) A fifth violation of this Section or a similar
17

provision is a Class 1 felony, for which a sentence of
18

probation or conditional discharge may not be imposed. If
19

at the time of the violation, the alcohol concentration in
20

the defendant's blood, breath, other bodily substance, or
21

urine was 0.16 or more based on the definition of blood,
22

breath, other bodily substance, or urine units in Section
23

11-501.2, a mandatory minimum fine of $5,000 shall be
24

imposed in addition to any other criminal or
25

administrative sanction. If at the time of the fifth
26

violation, the defendant was transporting a person under

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LRB104 19780 LNS 33230 b
1

the age of 16, a mandatory fine of $25,000, and 25 days of
2

community service in a program benefiting children shall
3

be imposed in addition to any other criminal or
4

administrative sanction.
5

(E) A sixth or subsequent violation of this Section or
6

similar provision is a Class X felony. If at the time of
7

the violation, the alcohol concentration in the
8

defendant's blood, breath, other bodily substance, or
9

urine was 0.16 or more based on the definition of blood,
10

breath, other bodily substance, or urine units in Section
11

11-501.2, a mandatory minimum fine of $5,000 shall be
12

imposed in addition to any other criminal or
13

administrative sanction. If at the time of the violation,
14

the defendant was transporting a person under the age of
15

16, a mandatory fine of $25,000 and 25 days of community
16

service in a program benefiting children shall be imposed
17

in addition to any other criminal or administrative
18

sanction.
19

(F) For a violation of subparagraph (C) of paragraph
20

(1) of this subsection (d), the defendant, if sentenced to
21

a term of imprisonment, shall be sentenced to not less
22

than one year nor more than 12 years.
23

(G) A violation of subparagraph (F) of paragraph (1)
24

of this subsection (d) is a Class 2 felony, for which the
25

defendant, unless the court determines that extraordinary
26

circumstances exist and require probation, shall be

HB5122
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LRB104 19780 LNS 33230 b
1

sentenced to: (i) a term of imprisonment of not less than 3
2

years and not more than 14 years if the violation resulted
3

in the death of one person; or (ii) a term of imprisonment
4

of not less than 6 years and not more than 28 years if the
5

violation resulted in the deaths of 2 or more persons.
6

(H) For a violation of subparagraph (J) of paragraph
7

(1) of this subsection (d), a mandatory fine of $2,500,
8

and 25 days of community service in a program benefiting
9

children shall be imposed in addition to any other
10

criminal or administrative sanction.
11

(I) A violation of subparagraph (K) of paragraph (1)
12

of this subsection (d), is a Class 2 felony and a mandatory
13

fine of $2,500, and 25 days of community service in a
14

program benefiting children shall be imposed in addition
15

to any other criminal or administrative sanction. If the
16

child being transported suffered bodily harm, but not
17

great bodily harm, in a motor vehicle crash, and the
18

violation was the proximate cause of that injury, a
19

mandatory fine of $5,000 and 25 days of community service
20

in a program benefiting children shall be imposed in
21

addition to any other criminal or administrative sanction.
22

(J) A violation of subparagraph (D) of paragraph (1)
23

of this subsection (d) is a Class 3 felony, for which a
24

sentence of probation or conditional discharge may not be
25

imposed.
26

(3) Any person sentenced under this subsection (d) who

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1

receives a term of probation or conditional discharge must
2

serve a minimum term of either 480 hours of community
3

service or 10 days of imprisonment as a condition of the
4

probation or conditional discharge in addition to any
5

other criminal or administrative sanction.
6

(e) Any reference to a prior violation of subsection (a)
7
or a similar provision includes any violation of a provision
8
of a local ordinance or a provision of a law of another state
9
or an offense committed on a military installation that is
10
similar to a violation of subsection (a) of this Section.
11

(f) The imposition of a mandatory term of imprisonment or
12
assignment of community service for a violation of this
13
Section shall not be suspended or reduced by the court.
14

(g) Any penalty imposed for driving with a license that
15
has been revoked for a previous violation of subsection (a) of
16
this Section shall be in addition to the penalty imposed for
17
any subsequent violation of subsection (a).
18

(h) For any prosecution under this Section, a certified
19
copy of the driving abstract of the defendant shall be
20
admitted as proof of any prior conviction.
21
(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23
.)

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