625 ILCS 45/5-16
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 45/ - Boat Registration and Safety Act.|Article V - Operation Of Motorboats

Sec. 5-16. Operating a watercraft under the influence of alcohol,  other drug or drugs, intoxicating compound or compounds, or combination  thereof.(A) 1. A person shall not operate or be in actual physical control of  any  watercraft within this State while:(a) The alcohol concentration in such person's blood,      other bodily substance, or breath is a concentration at which driving a motor vehicle is prohibited under subdivision (1) of subsection (a) of Section 11-501 of the Illinois Vehicle Code;(b) Under the influence of alcohol;(c) Under the influence of any other drug or     combination of drugs to a degree which renders such person incapable of safely operating any watercraft;(c-1) Under the influence of any intoxicating     compound or combination of intoxicating compounds to a degree that renders the person incapable of safely operating any watercraft;(d) Under the combined influence of alcohol and any     other drug or drugs to a degree which renders such person incapable of safely operating a watercraft;(d-3) The person who is not a CDL holder has a     tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance at which driving a motor vehicle is prohibited under subdivision (7) of subsection (a) of Section 11-501 of the Illinois Vehicle Code;(d-5) The person who is a CDL holder has any amount     of a drug, substance, or      compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act; or(e) There is any amount of a drug, substance, or     compound in the person's blood,  other bodily substance, or urine resulting from the unlawful use or consumption of  a controlled substance listed in the Illinois Controlled Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an intoxicating compound listed in the Use of Intoxicating Compounds Act.2. The fact that any person charged with violating this Section is or  has been legally entitled to use alcohol, other drug or drugs, any  intoxicating compound or compounds, or any combination of  them, shall not constitute a defense against any charge of  violating this  Section.3. Every person convicted of violating this Section shall be guilty of a  Class A misdemeanor, except as otherwise provided in this Section.4. Every person convicted of violating this Section shall be guilty of a  Class 4 felony if:(a) He or she has a previous conviction under this     Section;(b) The offense results in personal injury where a     person other than the operator suffers great bodily harm or permanent disability or disfigurement, when the violation was a proximate cause of the injuries.  A person guilty of a Class 4 felony under this subparagraph (b), if sentenced to a term of imprisonment, shall be sentenced to a term of not less than one year nor more than 12 years; or(c) The offense occurred during a period in which his     or her privileges to operate a watercraft are revoked or suspended, and the revocation or suspension was for a violation of this Section or was imposed under subsection (B).5. Every person convicted of violating this Section shall be  guilty of a Class 2 felony if the offense results in the death of a  person.  A person guilty of a Class 2 felony under this paragraph 5, if sentenced to a  term of imprisonment, shall be sentenced to a term of not less than 3 years  and not more than 14 years.5.1. A person convicted of violating this Section or a similar  provision  of a  local  ordinance who had a child under the age of 16 aboard the watercraft at the  time of offense is  subject to a mandatory minimum fine of $500 and to a mandatory minimum of  5  days of  community service in a program benefiting children.  The assignment under this  paragraph 5.1 is  not subject to suspension and the person is not eligible for probation in order  to reduce the  assignment.5.2. A person found guilty of violating this Section, if his or her  operation  of a watercraft  while in violation of this Section proximately caused any incident resulting in  an appropriate  emergency response, is liable for the expense of an emergency response as  provided in subsection (m) of Section 11-501 of the Illinois Vehicle Code.5.3. In addition to any other penalties and liabilities, a person who is  found  guilty of  violating this Section, including any person placed on court supervision,  shall be fined $100,  payable to the circuit clerk, who shall distribute the money to the law  enforcement agency that  made the arrest or as provided in subsection (c) of Section 10-5 of the Criminal and Traffic Assessment Act if the arresting agency is a State agency, unless more than one agency is responsible for the arrest, in which case the amount shall be remitted to each unit of government equally.  Any moneys received by a law enforcement agency under  this  paragraph 5.3 shall be used to purchase law enforcement equipment or to provide  law  enforcement training that will assist in the prevention of alcohol related  criminal violence  throughout the State.  Law enforcement equipment shall include, but is not  limited to, in-car  video cameras, radar and laser speed detection devices, and alcohol breath  testers.6. (a) In addition to any criminal penalties imposed, the Department of  Natural Resources shall suspend the watercraft operation privileges of any  person  convicted or found guilty of a misdemeanor under this Section, a similar provision of a local ordinance, or Title 46 of the U.S. Code of Federal Regulations for a period  of one year, except that a first time offender is exempt from this mandatory  one year suspension.As used in this subdivision (A)6(a), "first time offender" means any person who has not had a previous conviction or been assigned supervision for violating this Section, a similar provision of a local ordinance or, Title 46 of the U.S. Code of  Federal Regulations, or any person who has not had a suspension imposed under subdivision (B)3.1 of Section 5-16.(b) In addition to any criminal penalties imposed, the Department of  Natural Resources shall suspend the watercraft operation privileges of any  person  convicted of a felony under this Section, a similar provision of a local ordinance, or Title 46 of the U.S. Code of Federal Regulations for a period of 3 years.(B) 1. Any person who operates or is in actual physical control of any  watercraft upon the waters of this  State shall be deemed to have given consent to a chemical test or tests of  blood, breath,  other bodily substance, or urine for the purpose of determining the content of  alcohol, other  drug or drugs, intoxicating compound or compounds, or combination thereof  in the person's blood or other bodily substance if arrested for  any offense of subsection (A) above. The chemical test or tests shall be  administered at  the direction of the arresting officer.  The law enforcement agency employing the  officer shall designate which of the tests shall be administered.  Up to 2 additional tests of  urine or other bodily substance may be  administered even after a blood or breath test or both has been administered.1.1. For the purposes of this Section, an Illinois Law Enforcement  officer of  this  State who is investigating the person for any offense defined in Section 5-16  may travel  into an adjoining state, where the person has been transported for medical care  to  complete an investigation, and may request that the person submit to the test  or  tests set  forth in this Section.  The requirements of this Section that the person be  arrested are  inapplicable, but the officer shall issue the person a uniform citation for an  offense as  defined in Section 5-16 or a similar provision of a local ordinance prior to  requesting that  the person submit to the test or tests.  The issuance of the uniform citation  shall not  constitute an arrest, but shall be for the purpose of notifying the person that  he or she is  subject to the provisions of this Section and of the officer's belief in the  existence of  probable cause to arrest.  Upon returning to this State, the officer shall file  the uniform  citation with the circuit clerk of the county where the offense was committed  and shall  seek the issuance of an arrest warrant or a summons for the person.1.2. Notwithstanding any ability to refuse under this Act to submit to  these  tests  or any ability to revoke the implied consent to these tests, if a law  enforcement officer  has probable cause to believe that a watercraft operated by or under actual  physical  control of a person under the influence of alcohol, other drug or drugs,  intoxicating  compound or compounds, or any combination of them has caused the death of or  personal  injury to another, that person shall submit, upon the request of a law  enforcement officer,  to a chemical test or tests of his or her blood, breath, other bodily substance, or urine for the  purpose of  determining the alcohol content or the presence of any other drug, intoxicating  compound, or  combination  of them.  For the purposes of this Section, a personal injury includes severe  bleeding  wounds, distorted extremities, and injuries that require the injured party to  be carried  from the scene for immediate professional attention in either a doctor's office  or a  medical facility.2. 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 above, and the test may be administered.3. A person requested to submit to a chemical test as provided above  shall be  verbally advised by the law enforcement officer requesting the test that a  refusal to submit to the test will result in suspension of such person's  privilege to operate a watercraft for a minimum of 2 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 officer, no test  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, and with  the Department of Natural Resources, a sworn  statement naming the person refusing to take and complete the chemical test  or tests  requested under the provisions of this Section.  Such sworn statement shall  identify the arrested person, such person's current residence address and  shall specify that a refusal by such person to take the chemical test or  tests was  made.  Such sworn statement shall include a statement that the arresting  officer had reasonable cause to believe the person was operating or was in  actual physical control of the  watercraft within this State while under the influence of alcohol, other  drug or drugs, intoxicating compound or compounds, or combination thereof  and that such  chemical test or tests were made as an  incident to and following the lawful arrest for an offense as defined in  this Section or a similar provision of a local ordinance, and that the  person after being arrested for an offense arising out of acts alleged to  have been committed while so operating a watercraft refused to submit to  and complete a chemical test or tests as requested by the law enforcement  officer.3.1. The law enforcement officer submitting the sworn statement as  provided in  paragraph 3 of this subsection (B) shall serve immediate written notice upon  the  person refusing the chemical test or tests that the person's privilege to  operate a  watercraft within this State will be suspended for a period of 2 years unless,  within 28 days from the date of the notice, the person requests in writing a  hearing  on the suspension.If the person desires a hearing, such person  shall file a complaint in the circuit court for and in the county in which  such person was arrested for such hearing. Such hearing shall proceed in  the court in the same manner as other civil proceedings, shall cover only  the issues of whether the person was placed under arrest for an offense as  defined in this Section or a similar provision of a local ordinance as  evidenced by the issuance of a uniform citation; whether the arresting  officer had reasonable grounds to believe that such person was operating a  watercraft while under the influence of alcohol, other drug or drugs,  intoxicating compound or compounds, or combination  thereof; and whether such person refused to submit and complete the  chemical test or  tests upon the request of the law enforcement officer. Whether the person  was informed that such person's privilege to operate a watercraft would be  suspended if such person refused to submit to the chemical test or tests  shall not be an  issue.If the person fails to request in writing a hearing within 28 days from  the date of notice, or if a hearing is held and the court finds against the  person on the issues before the court, the  clerk shall immediately notify the Department of Natural Resources, and the Department shall suspend the watercraft operation  privileges of the person for at least 2 years.3.2. If the person is a CDL holder and submits to a test that discloses an alcohol  concentration  of 0.08  or more, or any amount of a drug, substance or intoxicating compound in the  person's  breath, blood, other bodily substance, or urine resulting from the unlawful use of cannabis listed in  the Cannabis  Control Act, a controlled substance listed in the Illinois Controlled  Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an  intoxicating compound listed in the Use of Intoxicating Compounds Act, the law  enforcement officer shall immediately submit a sworn report to the circuit  clerk of venue  and the Department of Natural Resources, certifying that the test or tests were  requested  under paragraph 1 of this subsection (B) and the person submitted to testing  that  disclosed an alcohol concentration of 0.08 or more or any amount of a drug, substance or intoxicating compound in the  person's  breath, blood, other bodily substance, or urine resulting from the unlawful use of cannabis listed in the Cannabis Control Act, a controlled substance listed in the Illinois Controlled  Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an  intoxicating compound listed in the Use of Intoxicating Compounds Act. If the person is not a CDL holder and submits to a test that discloses an alcohol  concentration  of 0.08  or more, a tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance or intoxicating compound in the  person's  breath, blood, other bodily substance, or urine resulting from the unlawful use of a controlled substance listed in the Illinois Controlled  Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an  intoxicating compound listed in the Use of Intoxicating Compounds Act, the law  enforcement officer shall immediately submit a sworn report to the circuit  clerk of venue  and the Department of Natural Resources, certifying that the test or tests were  requested  under paragraph 1 of this subsection (B) and the person submitted to testing  that  disclosed an alcohol concentration of 0.08 or more, a tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any amount of a drug, substance or intoxicating compound in the  person's  breath, blood, other bodily substance, or urine resulting from the unlawful use of a controlled substance listed in the Illinois Controlled  Substances Act, methamphetamine as listed in the Methamphetamine Control and Community Protection Act, or an  intoxicating compound listed in the Use of Intoxicating Compounds Act.In cases involving a person who is a CDL holder where the blood alcohol concentration of 0.08 or greater or any  amount of  drug, substance or compound resulting from the unlawful use of cannabis, a  controlled  substance, methamphetamine, or an intoxicating compound is established by a subsequent analysis  of blood,  other bodily substance, or urine collected at the time of arrest, the arresting officer or arresting  agency shall  immediately submit a sworn report to the circuit clerk of venue and the  Department of  Natural Resources upon receipt of the test results. In cases involving a person who is not a CDL holder where the blood alcohol concentration of 0.08 or greater, a tetrahydrocannabinol concentration in the person's whole blood  or other bodily substance as defined in paragraph 6 of subsection (a) of Section 11-501.2 of the Illinois Vehicle Code, or any  amount of drug, substance, or compound resulting from the unlawful use of   a controlled substance, methamphetamine, or an intoxicating compound is established by  a subsequent analysis of blood, other bodily substance,  or urine collected at the time of arrest, the  arresting officer or arresting agency shall immediately submit a sworn report  to the circuit clerk of venue and the Department of Natural Resources upon  receipt of the test results.4. A person must submit to each chemical test offered by the law  enforcement  officer  in order to comply with the implied consent provisions of this Section.5. The provisions of Section 11-501.2 of the Illinois Vehicle Code, as  amended, concerning the certification and use of chemical tests apply to the  use of such tests under this Section.(C) Upon the trial of any civil or criminal action or proceeding arising out  of acts alleged to have been committed by any person while operating a  watercraft while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or combination  thereof, the concentration of alcohol, drug, or compound in the person's blood, other bodily substance, or breath at the time alleged as shown by analysis of a  person's blood, urine, breath, or other bodily substance shall give rise to the  presumptions specified in subdivisions 1, 2, and 3 of  subsection (b) and subsection (b-5) of Section 11-501.2 of the Illinois Vehicle Code. The foregoing  provisions of this subsection (C) shall not be  construed  as limiting the introduction of any other relevant evidence bearing upon the  question whether the person was under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or a combination thereof.(D) If a person under arrest refuses to submit to a chemical test under  the provisions of this Section, evidence of refusal shall be admissible in  any civil or criminal action or proceeding arising out of acts alleged to  have been committed while the person under the influence of alcohol,  other drug or drugs, intoxicating compound or compounds, or combination  of them was operating a watercraft.(E) The owner of any watercraft or any person given supervisory  authority over a watercraft, may not knowingly permit a watercraft to be  operated by any person under the influence of alcohol, other drug or drugs,  intoxicating compound or compounds, or  combination thereof.(F) Whenever any person is convicted or found guilty of a violation of  this  Section, including any person placed on court supervision, the court shall  notify the Office of Law Enforcement of the  Department of Natural Resources, to provide the Department with the records  essential for the performance of the Department's duties to monitor and enforce  any order of suspension or revocation concerning the privilege to operate a  watercraft.(G) No person who has been arrested and charged for violating paragraph 1 of  subsection (A) of this Section shall operate any watercraft within this State  for a period of 24 hours after such arrest.  (Source: P.A. 102-145, eff. 7-23-21.)