625 ILCS 40/5-7.1
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 40/ - Snowmobile Registration and Safety Act.|Article V - Control Provisions

Sec. 5-7.1. Implied consent.(a) A person who operates or is in actual physical control of a  snowmobile in this State is 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 a combination of them in that person's blood or other bodily substance, if  arrested for a violation of Section 5-7.  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 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.(a-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 5-7 may travel into an adjoining state, where the person has been  transported for medical care to complete an investigation and to 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 5-7 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 of 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.(a-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 snowmobile 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 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 or combination of both. 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.(b) A person who is dead, unconscious, or who is otherwise in a condition  rendering that person incapable of refusal, is deemed not to have  withdrawn the consent provided in subsection (a), and the test or tests may  be administered.(c) A person requested to submit to a test as provided in this Section 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 that person's  privilege to operate a snowmobile for a minimum of 2 years.(d) 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 tests may 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.  The sworn statement  shall identify the arrested person, the person's current residence address and  shall specify that a refusal by that person to take the chemical test or  tests was made.  The sworn statement shall include a statement  that the officer had reasonable cause to believe the person was operating or  was in actual physical control of the  snowmobile within this State while under the influence of alcohol,  other drug or drugs, an intoxicating compound or compound, or a combination  of them  and that a chemical test or tests were requested as an incident to and  following the  lawful  arrest for an offense as defined in Section 5-7 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 operating a  snowmobile,  refused to submit to and complete a chemical test or tests as requested by  the law  enforcement officer.(e) The law enforcement officer submitting the sworn statement shall serve  immediate written notice upon the person refusing the chemical test or tests  that the person's privilege to operate a snowmobile 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, the person shall file a complaint in the  circuit court in the county where that person was arrested within 28 days from  the date of the notice.   The hearing shall proceed in the court in the same manner as other civil  proceedings.  The hearing shall cover only the following issues:  (1) whether  the person was placed under  arrest for an offense as defined in Section 5-7 or a similar provision of a  local  ordinance as evidenced by the issuance of a uniform citation;  (2) whether the  arresting officer had reasonable grounds to believe that the person was  operating a snowmobile while under the influence of alcohol, other  drug or  drugs, an intoxicating compound or compounds, or a combination of them; and  (3) whether that person refused to submit to and complete the chemical  test or tests upon  the  request of the law enforcement officer.  Whether the person was informed that  the person's privilege to operate a snowmobile would be suspended if that  person refused to submit to the chemical test or tests may not be an issue  in the hearing.If the person fails to request a hearing in writing within 28 days of the  date of the 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 snowmobile operation  privileges of  that person for at least 2 years.(f) (Blank).(f-1) 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 was or were requested under  subsection (a-1) of this Section 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 or consumption 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 blood, other bodily substance, or urine resulting from the  unlawful use or  consumption of a controlled  substance listed in the Illinois Controlled Substances Act, an  intoxicating  compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection 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  was or were requested under subsection (a-1) 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 such  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,  an intoxicating compound listed in  the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection 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.(g) A person must submit to each chemical test offered by the law  enforcement officer  in order to comply with implied consent provisions of this Section.(h) The provision of Section 11-501.2 of the Illinois Vehicle Code  concerning the certification and use of chemical tests applies to the use of  those tests under this Section.  (Source: P.A. 99-697, eff. 7-29-16.)