1. DUI – alcohol
It is unlawful for any person (a) who is under the influence of intoxicating liquor, (b) has a concentration of alcohol of 0.08 or more in his or her blood or breath, or (c) is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath, to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access.
2. DUI – controlled substances
It is unlawful for any person who (a) is under the influence of a controlled substance, (b) is under the combined influence of intoxicating liquor and a controlled substance, or (c) inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle, to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.
3. DUI – prohibited substances
It is unlawful for any person to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his or her blood or urine that is equal to or greater than:
| Urine | Blood | |
| Prohibited substance | Nanogramsper milliliter | Nanogramsper milliliter |
| (a) Amphetamine | 500 | 100 |
| (b) Cocaine | 150 | 50 |
| (c) Cocaine metabolite | 150 | 50 |
| (d) Heroin | 2000 | 50 |
| (e) Heroin metabolite: | ||
| – Morphine | 2000 | 50 |
| – 6-monoacetyl morphine | 10 | 10 |
| (f) Lysergic acid diethylamide | 25 | 10 |
| (g) Marijuana | 10 | 2 |
| (h) Marijuana metabolite | 15 | 5 |
| (i) Methamphetamine | 500 | 1000 |
| (j) Phencyclidine | 25 | 10 |
4. Affirmative defense
If consumption is proven by a preponderance of the evidence, it is an affirmative defense that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
5. DUI – commercial vehicles
It is unlawful for any person who (a) is under the influence of intoxicating liquor, (b) has a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath, or (c) is found by measurement within 2 hours after driving or being in actual physical control of a commercial motor vehicle to have a concentration of alcohol of 0.04 or more but less than 0.08 in his or her blood or breath, to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access.
6. DUI/controlled substances – commercial vehicles
It is unlawful for any person who (a) is under the influence of a controlled substance, (b) is under the combined influence of intoxicating liquor and a controlled substance, or (c) inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a commercial motor vehicle, to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.
7. DUI/ prohibited substances – commercial vehicles
It is unlawful for any person to drive or be in actual physical control of a commercial motor vehicle on a highway or on premises to which the public has access with an amount of a prohibited substance in his or her blood or urine that is equal to or greater than:
| Urine | Blood | |
| Prohibited substance | Nanogramsper milliliter | Nanogramsper milliliter |
| (a) Amphetamine | 500 | 100 |
| (b) Cocaine | 150 | 50 |
| (c) Cocaine metabolite | 150 | 50 |
| (d) Heroin | 2000 | 50 |
| (e) Heroin metabolite: | ||
| – Morphine | 2000 | 50 |
| – 6-monoacetyl morphine | 10 | 10 |
| (f) Lysergic acid diethylamide | 25 | 10 |
| (g) Marijuana | 10 | 2 |
| (h) Marijuana metabolite | 15 | 5 |
| (i) Methamphetamine | 500 | 1000 |
| (j) Phencyclidine | 25 | 10 |
8. Affirmative defense – commercial vehicles
If consumption is proven by a preponderance of the evidence, it is an affirmative defense that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the commercial motor vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.04 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.
9. Vehicular homicide
A person commits vehicular homicide if the person (a) drives or is in actual physical control of a vehicle on or off the highways of this State and (1) is under the influence of intoxicating liquor, (2) has a concentration of alcohol of 0.08 or more in his or her blood or breath, (3) is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath, (4) is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance, (5) inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle, or (6) has a prohibited substance in his or her blood or urine in an amount that is equal to or greater than the amounts set forth (b) proximately causes the death of another person while driving or in actual physical control of a vehicle on or off the highways of this State, and (c) has previously been convicted of at least three offenses.
10. Affirmative defense – vehicular homicide
If consumption is proven by a preponderance of the evidence, it is an affirmative defense that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.



