People v. Tinkham

Section 11 — 501 of the Illinois Vehicle Code (Vehicle Code) (625 ILCS 5/11 — 501 (West 1992)) creates the offense of driving a motor vehicle while under the influence of alcohol or drugs (DUI) and provides for penalties. Section 11 — 501(d)(1) of the Vehicle Code states:

"(d) Every person convicted of committing a violation of this Section shall be guilty of aggravated driving under the influence of alcohol or drugs or a combination of both which shall be a Class 4 felony if:(1) such person committed a violation of paragraph (a) [DUI offense] for the third or subsequent time.” (Emphasis…