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Illinois Compiled Statutes

625 ILCS 5/11-500 (2026)

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(625 ILCS 5/11-500) (from Ch. 95 1/2, par. 11-500)
    Sec. 11-500. Definitions. For the purposes of interpreting Sections 6-206.1 and 6-208.1 of this Code, "first offender" shall mean any person who has not had a previous conviction or court assigned supervision for violating Section 11-501, or a similar provision of a local ordinance, or a conviction in any other state for a violation of driving while under the influence or a similar offense where the cause of action is the same or substantially similar to this Code or similar offenses committed on a military installation, or any person who has not had a driver's license suspension pursuant to paragraph 6 of subsection (a) of Section 6-206 as the result of refusal of chemical testing in another state, or any person who has not had a driver's license suspension or revocation for violating Section 11-501.1 within 5 years prior to the date of the current offense, except in cases where the driver submitted to chemical testing resulting in an alcohol concentration of 0.08 or more, or any amount of a drug, substance, or compound in such person's blood, other bodily substance, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled Substances Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act and was subsequently found not guilty of violating Section 11-501, or a similar provision of a local ordinance.
(Source: P.A. 99-697, eff. 7-29-16.)

    
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 2001–2022 · leading case: People v. McNally, 2022 IL App (2d) 180270 (Ill. App. Ct. 2022).
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People v. McNally, 2022 IL App (2d) 180270 (Ill. App. Ct. 2022). · cites it 2× “The State, while arguing that no exception applies here, concedes that, “to the extent that the record establishes that defendant is a ‘first offender’ within the meaning of 625 ILCS 5/11-500 (2016), the collateral consequences -6- 2022 IL App (2d) 180270 exception to mootness…”
Applegate v. State of Ill. Dept. of Transp., 783 N.E.2d 96 (Ill. App. Ct. 2003). “1 of this Code, `first offender' shall mean any person who has not had a previous conviction or court[-] assigned supervision for violating Section 11-501, or a similar provision of a local ordinance, or a conviction in any other state for a violation of driving while under the…”
People v. Clairmont, 2011 IL App (2d) 100924 (Ill. App. Ct. 2011). “” We recognize that the purpose of the drunk-driving statutory scheme (article 5 of the Illinois Vehicle Code (625 ILCS 5/11-500 et seq. (West 2008)) is to curb the incidence of drunk driving on Illinois highways.”
Applegate v. State of Illinois Dep't of Transp., 335 Ill. App. 3d 1056 (Ill. App. Ct. 2002). “1 of this Code, `first offender’ shall mean any person who has not had a previous conviction or court[-] assigned supervision for violating Section 11-501, or a similar provision of a local ordinance, or a conviction in any other state for a violation of driving while under the…”
People v. McPeak, 2012 IL App (2d) 110557 (Ill. App. Ct. 2012). “A “first offender” (see 625 ILCS 5/11-500 (West 2008)) may receive a MDDP, which authorizes the recipient to drive a vehicle equipped with an ignition interlock device that prevents the vehicle from starting until it has been determined that the driver’s breath alcohol does not…”
People v. Clairmont, 961 N.E.2d 914 (Ill. App. Ct. 2011). “" We recognize that the purpose of the drunk-driving statutory scheme (article 5 of the Illinois Vehicle Code (625 ILCS 5/11-500 et seq. (West 2008)) is to curb the incidence of drunk driving on Illinois highways.”
People v. Johnson, 758 N.E.2d 805 (Ill. 2001). · cites it 2× “The Secretary of State, having determined that defendant was a first offender as defined under the statute (see 625 ILCS 5/11-500 (West 1998)), filed with the circuit court a confirmation of statutory suspension of defendant's driver's license for a period of three months…”
People v. Mayor, 2012 IL App (2d) 120050 (Ill. App. Ct. 2012). “He argues that he is entitled to rescission because the Secretary of State erroneously imposed a three-year suspension after erroneously determining that he was not a “ ‘first offender’ ” under section 11-500 of the Illinois Vehicle Code (the Code) (625 ILCS 5/11-500 (West…”
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