Though boating season is still some months away, a new law has been passed of which all boaters should be aware. Prior to this change, operating a boat while intoxicated carried criminal consequences, but none affected a person’s privilege to drive a motor vehicle. Critics long argued that tying boating offenses to driver’s license consequences was necessary for true deterrence.

Until January 2014, a person convicted of operating a boat under the influence was guilty of a Class A misdemeanor, or a Class 4 felony if previously convicted. If the offense caused great bodily harm, permanent disability, or disfigurement, the operator faced a Class 4 felony with a minimum of one year in prison. If death resulted, the charge became a Class 2 felony with a minimum of three years in prison.

With an amendment to 625 ILCS 5/6-206, a suspension of driving privileges is now authorized when there is an accident involving personal injury or death and the operator:

• Refuses to submit to a chemical test under Section 11-501.6 of the Illinois Vehicle Code or Section 5-16c of the Boat Registration and Safety Act, or
• Submits to a test showing a blood alcohol concentration of 0.08 or higher, or any amount of cannabis, controlled substances, intoxicating compounds, or methamphetamine.

In such cases, penalties follow the rules of 625 ILCS 5/6-208.1.

In addition, a new section was added to the Boat Registration and Safety Act, 625 ILCS 45/5-16c. Under this law, anyone involved in a boating accident involving personal injury or death automatically gives implied consent to a breath or blood test. If results exceed 0.08—or if testing is refused—the results are forwarded to the Illinois Secretary of State, and a suspension of the operator’s driver’s license will result. The suspension may only be contested through a formal hearing with the Secretary of State.

With the prevalence of lakes and rivers in Northern Illinois, this law will certainly cause ripples. Harter & Schottland conducts hearings with the Illinois Secretary of State and is available to answer your questions regarding driver’s license suspension and boating law violations.

The post New Law Could Cause Ripples appeared first on Harter & Schottland.