Chapter 4: The Legal Requirements of Boating
Alcohol and Drugs (625 ILCS 45/5-16)
Illinois law prohibits operating a vessel while under the influence
of alcohol or drugs. Alcohol and drugs cause impaired balance,
blurred vision, poor coordination, impaired judgment and slow reaction
time. Alcohol contributes to about one-third of all boating accidents
nationwide. Read more
about the effects and risks of consuming alcohol in Chapter 5.
By operating a vessel on Illinois’ waters, you have given “implied” consent
to alcohol and/or drug testing if arrested for operating under
the influence. Refusal to submit to testing will result in loss
of vessel operating privileges for a period of two years.
Illinois law states that a person is considered to be operating
a vessel under the influence of alcohol or drugs if:
- The alcohol concentration in his or her blood or breath is
0.08 or more or…
- The person is under the influence of alcohol or…
- The person is under the influence of any other drug or combination
of drugs and/or alcohol to a degree that renders him or her incapable
of safely operating the vessel or…
- The person has any amount of a drug, substance, or compound
in his or her blood or urine resulting from the unlawful use
or consumption of cannabis, controlled substance, or intoxicating
compound.
Illinois law establishes the following penalties for operating
under the influence (OUI):
- Those convicted for the first time of OUI may be imprisoned
for up to one year, fined up to $2,500, and have vessel operating
privileges suspended for up to one year.
- Repeat offenders will receive more severe penalties.
The penalty for OUI increases to a Class 4 felony if:
- The operator has a previous OUI conviction.
- The offense results in serious personal injury.
- The offense occurred when the operator’s privileges to
operate a vessel were revoked or suspended.
The penalty for OUI increases to a Class 2 felony if the offense
results in the death of a person.
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Areas of Impairment
Due to Blood Alcohol Concentration (BAC)
Because you can drink faster
than your system can burn the alcohol off,
there is an increasing level of alcohol in
your blood. This level is referred to as Blood
Alcohol Concentration (BAC). |
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