Section 11-501.8 of the Illinois Vehicle Code (625 ILCS 5/11-501.8 (West 2002)), commonly known as the zero tolerance law, provides that a motorist who is under the age of 21 and who is arrested for any traffic violation will be deemed to consent to alcohol testing if a police officer has probable cause to believe that the motorist consumed any amount of an alcoholic beverage (see People v. McKenna, 328 Ill.App.3d 396, 400-04, 262 Ill.Dec. 611, 765 N.E.2d 1219 (2002) (trial court erred in applying standards under zero tolerance law where arresting officer and Secretary of State acted pursuant to implied consent law)), and that if the motorist refuses testing or submits to testing disclosing an alcohol concentration of more than 0.00, the police officer will submit a sworn report certifying the same to the Secretary of State. Section 11-501.8 further provides that the Secretary of State will then enter a sanction on the motorist's driving record, which would take effect on the forty-sixth day after the date the motorist was given notice of the sanction.

Although the zero-tolerance law is similar in some respects to the summary suspension provision for driving while intoxicated (DUI) ( 625 ILCS 5/11-501.1 (West 1998)), it is separate and distinct. See People v. McKenna, 328 Ill. App. 3d 396, 402 (2002) (the implied-consent law and the zero-tolerance law are independent statutory schemes with distinct hearing provisions involving different issues raised in different forums). Unlike a DUI summary suspension, which may be imposed when a driver is arrested for driving while under the influence of alcohol or other intoxicating substances ( 625 ILCS 5/11-501 (West 1998)), the zero-tolerance summary suspension may be imposed if a driver under the age of 21 has been arrested for any traffic violation, provided the arresting officer has probable cause to believe that the driver has consumed some amount of alcohol and the driver refuses testing or submits to testing which reveals a blood-alcohol concentration greater than 0.00. As we noted in Arvia v. Madigan, 209 Ill. 2d 520, 539 (2004), a zero-tolerance summary suspension provides "youthful drivers an incentive — not found in the DUI law — to refrain from consuming any amount of alcohol."

625 ILCS 5/11-501.1(h) (West 2008). The Secretary's entry and confirmation of the suspension are contemporaneous actions. See People v. McKenna, 328 Ill. App. 3d 396, 401 (2002). Subsections (e) and (h) of section 11-501.1 contemplate that the Secretary will take these formal actions on the suspension in advance of its effective date.