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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3214

Introduced 2/2/2026, by Sen. Steve McClure

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-501

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

Amends the Illinois Vehicle Code. Prohibits a person from driving or
being in actual physical control of any vehicle within the State while the
person has, within 2 hours of driving or being in actual physical control
of a vehicle, a tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance, unless extenuating circumstances exist
preventing the transportation of the driver from the scene to an
authorized location where blood can be drawn due to the medical condition
of the driver or safety issues at the accident location, but in no event
shall the period exceed 3 hours after driving or being in actual physical
control of a vehicle. Removes language providing that the 2-year time
limit does not apply to the lawful consumption of cannabis by a qualifying
patient who is in possession of a valid registry card, unless that person
is impaired by the use of cannabis.
LRB104 19239 LNS 32685 b

A BILL FOR

SB3214
LRB104 19239 LNS 32685 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

SB3214
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LRB104 19239 LNS 32685 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
, unless
17

extenuating circumstances exist preventing the
18

transportation of the driver from the scene to an
19

authorized location where blood can be drawn due to the
20

medical condition of the driver or safety issues at the
21

accident location, but in no event shall the period exceed
22

3 hours after driving or being in actual physical control
23

of a vehicle
.
Subject to all other requirements and
24

provisions under this Section, this paragraph (7) does not
25

apply to the lawful consumption of cannabis by a
26

qualifying patient licensed under the Compassionate Use of

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LRB104 19239 LNS 32685 b
1

Medical Cannabis Program Act who is in possession of a
2

valid registry card issued under that Act, unless that
3

person is impaired by the use of cannabis.
4

(b) The fact that any person charged with violating this
5
Section is or has been legally entitled to use alcohol,
6
cannabis under the Compassionate Use of Medical Cannabis
7
Program Act, other drug or drugs, or intoxicating compound or
8
compounds, or any combination thereof, shall not constitute a
9
defense against any charge of violating this Section.
10

(c) Penalties.
11

(1) Except as otherwise provided in this Section, any
12

person convicted of violating subsection (a) of this
13

Section is guilty of a Class A misdemeanor.
14

(2) A person who violates subsection (a) or a similar
15

provision a second time shall be sentenced to a mandatory
16

minimum term of either 5 days of imprisonment or 240 hours
17

of community service in addition to any other criminal or
18

administrative sanction.
19

(3) A person who violates subsection (a) is subject to
20

6 months of imprisonment, an additional mandatory minimum
21

fine of $1,000, and 25 days of community service in a
22

program benefiting children if the person was transporting
23

a person under the age of 16 at the time of the violation.
24

(4) A person who violates subsection (a) a first time,
25

if the alcohol concentration in his or her blood, breath,
26

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

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LRB104 19239 LNS 32685 b
1

the definition of blood, breath, other bodily substance,
2

or urine units in Section 11-501.2, shall be subject, in
3

addition to any other penalty that may be imposed, to a
4

mandatory minimum of 100 hours of community service and a
5

mandatory minimum fine of $500.
6

(5) A person who violates subsection (a) a second
7

time, if at the time of the second violation the alcohol
8

concentration in his or her blood, breath, other bodily
9

substance, or urine was 0.16 or more based on the
10

definition of blood, breath, other bodily substance, or
11

urine units in Section 11-501.2, shall be subject, in
12

addition to any other penalty that may be imposed, to a
13

mandatory minimum of 2 days of imprisonment and a
14

mandatory minimum fine of $1,250.
15

(d) Aggravated driving under the influence of alcohol,
16
other drug or drugs, or intoxicating compound or compounds, or
17
any combination thereof.
18

(1) Every person convicted of committing a violation
19

of this Section shall be guilty of aggravated driving
20

under the influence of alcohol, other drug or drugs, or
21

intoxicating compound or compounds, or any combination
22

thereof if:
23

(A) the person committed a violation of subsection
24

(a) or a similar provision for the third or subsequent
25

time;
26

(B) the person committed a violation of subsection

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1

(a) while driving a school bus with one or more
2

passengers on board;
3

(C) the person in committing a violation of
4

subsection (a) was involved in a motor vehicle crash
5

that resulted in great bodily harm or permanent
6

disability or disfigurement to another, when the
7

violation was a proximate cause of the injuries;
8

(D) the person committed a violation of subsection
9

(a) and has been previously convicted of violating
10

Section 9-3 of the Criminal Code of 1961 or the
11

Criminal Code of 2012 or a similar provision of a law
12

of another state relating to reckless homicide in
13

which the person was determined to have been under the
14

influence of alcohol, other drug or drugs, or
15

intoxicating compound or compounds as an element of
16

the offense or the person has previously been
17

convicted under subparagraph (C) or subparagraph (F)
18

of this paragraph (1);
19

(E) the person, in committing a violation of
20

subsection (a) while driving at any speed in a school
21

speed zone at a time when a speed limit of 20 miles per
22

hour was in effect under subsection (a) of Section
23

11-605 of this Code, was involved in a motor vehicle
24

crash that resulted in bodily harm, other than great
25

bodily harm or permanent disability or disfigurement,
26

to another person, when the violation of subsection

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1

(a) was a proximate cause of the bodily harm;
2

(F) the person, in committing a violation of
3

subsection (a), was involved in a motor vehicle crash
4

or snowmobile, all-terrain vehicle, or watercraft
5

accident that resulted in the death of another person,
6

when the violation of subsection (a) was a proximate
7

cause of the death;
8

(G) the person committed a violation of subsection
9

(a) during a period in which the defendant's driving
10

privileges are revoked or suspended, where the
11

revocation or suspension was for a violation of
12

subsection (a) or a similar provision, Section
13

11-501.1, paragraph (b) of Section 11-401, or for
14

reckless homicide as defined in Section 9-3 of the
15

Criminal Code of 1961 or the Criminal Code of 2012;
16

(H) the person committed the violation while he or
17

she did not possess a driver's license or permit or a
18

restricted driving permit or a judicial driving permit
19

or a monitoring device driving permit;
20

(I) the person committed the violation while he or
21

she knew or should have known that the vehicle he or
22

she was driving was not covered by a liability
23

insurance policy;
24

(J) the person in committing a violation of
25

subsection (a) was involved in a motor vehicle crash
26

that resulted in bodily harm, but not great bodily

SB3214
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LRB104 19239 LNS 32685 b
1

harm, to the child under the age of 16 being
2

transported by the person, if the violation was the
3

proximate cause of the injury;
4

(K) the person in committing a second violation of
5

subsection (a) or a similar provision was transporting
6

a person under the age of 16; or
7

(L) the person committed a violation of subsection
8

(a) of this Section while transporting one or more
9

passengers in a vehicle for-hire.
10

(2)(A) Except as provided otherwise, a person
11

convicted of aggravated driving under the influence of
12

alcohol, other drug or drugs, or intoxicating compound or
13

compounds, or any combination thereof is guilty of a Class
14

4 felony.
15

(B) A third violation of this Section or a similar
16

provision is a Class 2 felony. If at the time of the third
17

violation the alcohol concentration in his or her blood,
18

breath, other bodily substance, or urine was 0.16 or more
19

based on the definition of blood, breath, other bodily
20

substance, or urine units in Section 11-501.2, a mandatory
21

minimum of 90 days of imprisonment and a mandatory minimum
22

fine of $2,500 shall be imposed in addition to any other
23

criminal or administrative sanction. If at the time of the
24

third violation, the defendant was transporting a person
25

under the age of 16, a mandatory fine of $25,000 and 25
26

days of community service in a program benefiting children

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LRB104 19239 LNS 32685 b
1

shall be imposed in addition to any other criminal or
2

administrative sanction.
3

(C) A fourth violation of this Section or a similar
4

provision is a Class 2 felony, for which a sentence of
5

probation or conditional discharge may not be imposed. If
6

at the time of the violation, the alcohol concentration in
7

the defendant's blood, breath, other bodily substance, or
8

urine was 0.16 or more based on the definition of blood,
9

breath, other bodily substance, or urine units in Section
10

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

imposed in addition to any other criminal or
12

administrative sanction. If at the time of the fourth
13

violation, the defendant was transporting a person under
14

the age of 16 a mandatory fine of $25,000 and 25 days of
15

community service in a program benefiting children shall
16

be imposed in addition to any other criminal or
17

administrative sanction.
18

(D) A fifth violation of this Section or a similar
19

provision is a Class 1 felony, for which a sentence of
20

probation or conditional discharge may not be imposed. If
21

at the time of the violation, the alcohol concentration in
22

the defendant's blood, breath, other bodily substance, or
23

urine was 0.16 or more based on the definition of blood,
24

breath, other bodily substance, or urine units in Section
25

11-501.2, a mandatory minimum fine of $5,000 shall be
26

imposed in addition to any other criminal or

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LRB104 19239 LNS 32685 b
1

administrative sanction. If at the time of the fifth
2

violation, the defendant was transporting a person under
3

the age of 16, a mandatory fine of $25,000, and 25 days of
4

community service in a program benefiting children shall
5

be imposed in addition to any other criminal or
6

administrative sanction.
7

(E) A sixth or subsequent violation of this Section or
8

similar provision is a Class X felony. If at the time of
9

the violation, the alcohol concentration in the
10

defendant's blood, breath, other bodily substance, or
11

urine was 0.16 or more based on the definition of blood,
12

breath, other bodily substance, or urine units in Section
13

11-501.2, a mandatory minimum fine of $5,000 shall be
14

imposed in addition to any other criminal or
15

administrative sanction. If at the time of the violation,
16

the defendant was transporting a person under the age of
17

16, a mandatory fine of $25,000 and 25 days of community
18

service in a program benefiting children shall be imposed
19

in addition to any other criminal or administrative
20

sanction.
21

(F) For a violation of subparagraph (C) of paragraph
22

(1) of this subsection (d), the defendant, if sentenced to
23

a term of imprisonment, shall be sentenced to not less
24

than one year nor more than 12 years.
25

(G) A violation of subparagraph (F) of paragraph (1)
26

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

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LRB104 19239 LNS 32685 b
1

defendant, unless the court determines that extraordinary
2

circumstances exist and require probation, shall be
3

sentenced to: (i) a term of imprisonment of not less than 3
4

years and not more than 14 years if the violation resulted
5

in the death of one person; or (ii) a term of imprisonment
6

of not less than 6 years and not more than 28 years if the
7

violation resulted in the deaths of 2 or more persons.
8

(H) For a violation of subparagraph (J) of paragraph
9

(1) of this subsection (d), a mandatory fine of $2,500,
10

and 25 days of community service in a program benefiting
11

children shall be imposed in addition to any other
12

criminal or administrative sanction.
13

(I) A violation of subparagraph (K) of paragraph (1)
14

of this subsection (d), is a Class 2 felony and a mandatory
15

fine of $2,500, and 25 days of community service in a
16

program benefiting children shall be imposed in addition
17

to any other criminal or administrative sanction. If the
18

child being transported suffered bodily harm, but not
19

great bodily harm, in a motor vehicle crash, and the
20

violation was the proximate cause of that injury, a
21

mandatory fine of $5,000 and 25 days of community service
22

in a program benefiting children shall be imposed in
23

addition to any other criminal or administrative sanction.
24

(J) A violation of subparagraph (D) of paragraph (1)
25

of this subsection (d) is a Class 3 felony, for which a
26

sentence of probation or conditional discharge may not be

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LRB104 19239 LNS 32685 b
1

imposed.
2

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

receives a term of probation or conditional discharge must
4

serve a minimum term of either 480 hours of community
5

service or 10 days of imprisonment as a condition of the
6

probation or conditional discharge in addition to any
7

other criminal or administrative sanction.
8

(e) Any reference to a prior violation of subsection (a)
9
or a similar provision includes any violation of a provision
10
of a local ordinance or a provision of a law of another state
11
or an offense committed on a military installation that is
12
similar to a violation of subsection (a) of this Section.
13

(f) The imposition of a mandatory term of imprisonment or
14
assignment of community service for a violation of this
15
Section shall not be suspended or reduced by the court.
16

(g) Any penalty imposed for driving with a license that
17
has been revoked for a previous violation of subsection (a) of
18
this Section shall be in addition to the penalty imposed for
19
any subsequent violation of subsection (a).
20

(h) For any prosecution under this Section, a certified
21
copy of the driving abstract of the defendant shall be
22
admitted as proof of any prior conviction.
23
(Source: P.A. 101-363, eff. 8-9-19; 102-982, eff. 7-1-23
.)

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