SNOWMOBILE O.U.I. BILL SIGNED INTO LAW BY GOVERNOR EDGAR 1995
SNOWMOBILE O.U.I. BILL SIGNED INTO LAW BY GOVERNOR EDGAR
SPRINGFIELD, ILL., July 10, 1995 -- Individuals suspected of
operating snowmobiles while under the influence of alcohol or drugs
would be required to undergo chemical tests, and violators would
face tough new penalties, under a bill signed into law by Gov. Jim
Edgar.
The law change takes effect Jan. 1, 1996.
Natural Resources Department Director Brent Manning said
existing laws dealing with operating a snowmobile while under the
influence have been difficult to enforce because they lacked the
required testing outlined in similar laws covering automobile and
watercraft operation.
"We believe this new law, which follows testing and
intoxication standards enforced for motorists and boaters, will
help reduce the number of snowmobile deaths and injuries occurring
in Illinois each winter," Manning said.
The new law establishes an "implied consent" provision for
snowmobile operators, in which a snowmobiler arrested for an
offense is considered to have given permission to chemical testing
of breath, blood or urine to determine the presence of alcohol or
other drugs. It also spells out presumptive levels for
intoxication, suspension of operating privileges, admissibility of
chemical test results in court, use of preliminary breath tests and
owner responsibility.
Under the new law, a law enforcement officer could request
that a snowmobile operator, prior to any arrest, take a preliminary
breath test on a portable device and undergo other "on-the-spot"
sobriety tests. The officer would be allowed to use these tests to
determine if probable cause exists to arrest the snowmobiler for
operating under the influence (OUI). A snowmobiler arrested for an
OUI offense would be required to undergo chemical tests, including
breath, blood and urine analysis, to determine the presence of
alcohol or drugs in his or her blood.
Individuals who refused to submit to any tests would have
their snowmobile operating privileges suspended for at least two
years.
The new law provides that an individual would be presumed to
be under the influence if chemical testing determined his or her
blood alcohol concentration was 0.10 or greater, which is the same
standard applied to automobile drivers and boat operators.
Individuals convicted of operating a snowmobile while under the
influence would be guilty of a Class A misdemeanor and face up to
a year in jail and/or a fine up to $1,000. They also would have
their snowmobile operating privileges suspended for a year.
If convicted and the offense resulted in disability,
disfigurement or great bodily harm to another individual, or if
convicted and an operator had a previous conviction, then the
operator would be guilty of a Class 4 felony, punishable by 1-3
years in prison and/or a fine up to $10,000.
If convicted and the offense resulted in the death of another
person, then the operator would be guilty of a Class 3 felony and
face 2-5 years in prison and/or $10,000 in fines. Additionally, an
individual convicted of a felony would have his or her snowmobile
operating privileges suspended for five years.
The new law also makes it a Class A misdemeanor for an owner
or supervisor of a snowmobile to knowingly allow operation of the
snowmobile by a drug- or alcohol-impaired individual. In addition,
individuals operating a snowmobile while their privileges are
suspended would be guilty of a Class A misdemeanor.
Senate Bill 70 was sponsored by Sens. Adeline Geo-Karis (R-
Zion), Dick Klemm (R-Crystal Lake), Evelyn Bowles (D-Edwardsville),
Denny Jacobs (D-East Moline) and Rep. Al Salvi (R-Wauconda).
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CONTACT: 217/785-0970
TDD: 217/782-9175
FAX: 217/785-9236
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