O-82-01ORDINANCE NO. 0 -82 -01
AN ORDINANCE AMENDING SECTION 22 -19 OF ARTICLE 5 OF CHAPTER 22
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975
Published in pamphlet form this
4th day of January , 1982,
by the President and Board of Trustees
of Deerfield.
ORDINANCE NO. 0 -82 -01
AN ORDINANCE AMENDING SECTION 22 -19 OF ARTICLE 5 OF CHAPTER 22
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD OF 1975
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That Section 22 -19 entitled "Persons under the influence of
ONE: intoxicating liquor or narcotic drugs" of Article 5 of Chapter
22 of the Municipal Code of the Village of Deerfield of 1975, as
amended, be and the same is hereby further amended by deleting said Section in
its entirety and by substituting in lieu thereof the following:
"Sec. 22 -19 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 0.10 or more based on
the definition of blood and breath units in
Section 22 -19.2;
2. Under the influence of alcohol;
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 any other drug or drugs to a degree which
renders such person incapable of safely driving.
(b) The fact that any person charged with violat-
ing 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.
Sec. 22 -19.1 Suspension of driver's license; implied
consent.
(a) Any person who drives or is in actual physi-
cal control of a motor vehicle upon the public highways
of this Village shall be deemed to have given consent,
subject to the provisions of* Section 22 -19.2, to a
chemical test or tests of blood, breath, or urine for
the purpose of determining the alcohol, other drug, or
combination thereof content of such person's blood if
arrested, as evidenced by the issuance of a Uniform
Traffic Ticket, for any offense as defined in Section
11 -501 of the Illinois Vehicle Code or a similar
provision of the Municipal Code of the Village of
Deerfield. The test or tests shall be administered at
the direction of the arresting officer. The Chief of
Police of the Deerfield Police Department shall desig-
nate which of the aforesaid tests shall be administered
by their enforcement personnel.
(b) Any person who is dead, unconscious or who
is otherwise in a condition rendering such 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 22 -19.2
(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 suspension of such person's
license to operate a motor vehicle for six (6) months
for the first such arrest and refusal and a suspension
of such privilege for 12 months for the second and
each subsequent such arrest and refusal within 5 years.
Following this warning, if a person under arrest
refuses upon the request of a law enforcement officer
to submit to a test designated by the Chief of Police
as provided in paragraph (a) of this Section, none
shall be given, but the law enforcement officer shall
file with the clerk of the circuit court for the county
in which the arrest was made a sworn statement naming
the person refusing to take and complete the test or
tests requested under the provisions of this Section.
Such sworn statement shall identify the arrested
person, such person's driver's license number, and
current residence address and shall specify that a
refusal by said person to take the test or tests was
made. Such sworn statement shall include a statement
that the arresting officer had reasonable cause to
believe the person was driving the motor vehicle within
this Village while under the influence of alcohol,
other drug, or combination thereof and that such test
or tests were made as an incident to and following the
lawful arrest for an offense as defined in Section
22 -19 and that the person after being arrested for an
offense arising out of acts alleged to have been com-
mitted while so driving or in actual physical control
of a motor vehicle refused to submit to and complete a
test or tests as requested by the law enforcement
officer. Such person's privileges to operate a motor
vehicle shall thereupon be subject to suspension
pursuant to the provisions of Section 11.501.1 of the
Illinois Vehicle Code.
Sec. 22 -19.2 Chemical and other tests.
(a) Upon the trial of any civil or criminal
action or proceeding arising out of an arrest for an
offense as defined in Section 22 -19, evidence of the
concentration of alcohol, other drug or combination
thereof in a person's blood or breath at the time
alleged, as determined by analysis of the person's
blood, urine, breath or other bodily substance, shall
be submitted to the court for admission. Where such
test is made the following provisions shall apply:
1. Chemical analyses of the person's blood,
urine, breath or other bodily substance to be
considered valid under the provisions of this
Section shall be performed according to regula-
tions and standards promulgated by the Illinois
Department of Public Health in consultation with
the Illinois Department of Law Enforcement by an
individual possessing a valid permit issued by
that Department for this purpose.
2. When a person shall submit to a blood
test at the request of a law enforcement officer
under the provisions of Section 22 -19.1, only a
physician authorized to practice medicine, a
registered nurse or other qualified person
approved by the Illinois Department of Public
Health may withdraw blood for the purpose of
determining the alcohol, drug, or alcohol and
drug content therein. This limitation shall not
apply to the taking of breath or urine specimens.
3. The person tested may have a physician,
or a qualified technician, chemist, registered
nurse, or other qualified person of their own
choosing administer a chemical test or tests in
addition to any administered at the direction of
a law enforcement officer. The failure or
inability to obtain an additional test by a person
shall not preclude the admission of evidence
relating to the test or tests taken at the direc-
tion of a law enforcement officer.
4. Upon the request of the person who shall
submit to a chemical test or tests at the request
of a law enforcement officer, full information
concerning the test or tests shall be made avail-
able to the person or such person's attorney.
5. Alcohol concentration shall mean either
grams of alcohol per 100 milliliters of blood or
grams of alcohol per 210-liters of breath.
(b) 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 pre-
sumed 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
0.10, such facts shall not give rise to any pre-
sumption that the person was or was not under the
influence of alcohol, but such fact may be con-
sidered with other competent evidence in determin-
ing whether the person was under the influence of
alcohol.
3. If there was at that time an alcohol
concentration of 0.10 or more, it shall be pre-
sumed that the person was under the influence of
alcohol.
4. The foregoing provisions of this Section
shall not be construed as limiting the introduc-
tion of any other relevant evidence bearing upon
the question whether the person was under the
influence of alcohol.
(c) If a person under arrest refuses to submit
to a chemical test under the provisions of this Section
evidence of refusal shall be submitted to the court
for admission in any civil or criminal action or pro-
ceeding 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."
SECTION That the Village Clerk is hereby directed to publish this
TWO: Ordinance in pamphlet form.
SECTION That all ordinances or parts of ordinances in conflict herewith
THREE: are, to the extent of such conflict, hereby repealed.
SECTION That this Ordinance shall be
FOUR: after its passage, approval,
AYES: Ehlers, Heisler, Marty, Seidman,
NAYS: None (0)
ABSENT: None (0)
PASSED this 4th day of January
APPROVED thisT+ti day of January
ATTEST:
VILLAGE CLERK
in full force and effect from and
and publication, as provided by law.
Swanson, York (6)
.k.D., 1982.
A.D., 1982.
TILLAGE PRESIDENT