DGAA bLAWg

Boating Under the Influence

Web Admin - Friday, July 10, 2015

Illinois boating DUI lawyerAs summer hits full-swing, boating becomes increasingly popular. Very often, drinking alcohol coincides with a day on the water. While this usually leads to creating a great time, it can also lead to very serious consequences. Boaters should be aware that operating a boat is treated similarly to driving a vehicle when it comes to drinking. As a result, boating under the influence (BUI) can lead to significant penalties.

What is BUI?

Under Illinois law, individuals must not control a boat or other watercraft in the state of Illinois while:

  1. 1. They have a blood or breath alcohol content of .08 or higher;
  2. 2. They have been drinking and are currently inebriated; or
  3. 3. They are intoxicated by any other drug that makes them incapable of operating the boat.
Unfortunately, many people often do not recognize that consuming alcohol or drugs and operating a boat can be equally as dangerous as driving a vehicle. Operation Dry Water, a study initiated by the National Association of State Boating Law Administrators in partnership with the U.S. Coast Guard, found that, in 2014, alcohol was the leading factor in 21 percent of recreational boating deaths.

Penalties for BUI

Most BUI offenses are considered Class A misdemeanors. However, it may be charged as a Class 4 felony if:

  • 1. The individual has a previous conviction for BUI;
  • 2. The offense leads to an injury where someone other than the driver sustains serious bodily harm or disability or disfigurement; or
  • 3. The offense took place during a period in which the driver’s privilege to operate a watercraft is revoked or suspended due to a BUI-related offense.

If the individual is found guilty of causing great bodily harm or permanent disability or disfigurement, the penalty is a mandatory prison sentence of one year, but not more than 12 years. BUI is considered a Class 2 felony if the violation results in the death of someone. A guilty conviction carries a mandatory minimum prison sentence of three years, with a maximum of 14 years.

Boating is often a family activity. As a result, operators should be aware that BUI with a child under 16 on board results in a mandatory minimum fine of $500 and a mandatory minimum of five days of community service in a program that benefits children.

Finally, it is important to note that operating a boat while on the open waters of Illinois is considered consent to a chemical test or tests of blood, breath, or urine in order to determine whether the operator is under the influence of alcohol or drugs.

BUI is a serious offense with potentially significant consequences. If you have been charged with this offense, you should speak to an experienced Illinois criminal defense attorney as soon as possible. We can help you protect your rights. Our firm represents individuals throughout the northwest suburbs, including communities such as Rolling Meadows, Schaumburg, Palatine, and Des Plaines.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association. 


Recent Posts


Tags

insurance claim dispute attorney dynasty trusts Arlington Heights personal injury lawyer Schaumburg personal injury lawyers traffic accidents car accident lawyer Buffalo Grove employment lawyer Arlington Heights estate planning attorney Arlington Heights Traffic Lawyer insurance dispute attorney Schaumburg elder law lawyer Rolling Meadows criminal lawyer Inverness estate planning lawyer comp time real estate contract BUI Crystal Lake insurance lawyer rest breaks Illinois injury lawyer pedestrian accidents Arlington Heights personal injury attorney Rolling Meadows personal injury lawyer Illinois registered agent Buffalo Grove medical malpractice lawyers Palatine corporate attorney landlord tenant law Schaumburg real estate lawyer personal injury lawyer texting and driving insurance disputes Crystal Lake employment attorney uninsured motorist Illinois traffic attorneys capital gains tax new real estate form spinal cord injuries deadly crashes Rolling Meadows personal injury attorney Illinois jet ski accident lawyer Fourth of July Detainer Actions Chicago corporate attorney overtime pay Kenilworth estate planning attorneys driving Rolling Meadows real estate attorney distracted driving accident victims Rolling Meadows business lawyer condo association Illinois rollover accident lawyers Illinois probate lawyer Illinois workplace lawyer Palatine employment lawyer Rolling Meadows traffic law firm Illinois Workers’ Compensation Commission Illinois bicycle safety Crystal Lake traffic attorney Barrington boating accident attorney Illinois will lawyer Illinois workers compensation attorney Palatine estate planning lawyer Palatine real estate lawyer Illinois insurance claim dispute lawyers estate tax Deer Park employment law attorney criminal Illinois law bicycle accidents Buffalo Grove car accident lawyer pedestrian accident Buffalo Grove corporate attorney Des Plaines real estate lawyer Palatine traffic lawyer Illinois accidental death benefits automated cars hit and run accident Schaumburg Attorney preventable medical errors pedestrian injuries, pedestrian fatality construction contracts changes to mortgage law Schaumburg corporate attorney medical marijuana Arlington Heights Attorney Illinois traffic laws wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace trauma after an accident Illinois pedestrian accident attorney Barrington Traffic Lawyer Chicago estate planning lawyer Illinois medical malpractice claim insurance denials Chicago lawyer Policy Cancellation Illinois tax attorney DGAA whistleblower protections Rolling Meadows traffic attorney criminal record real estate zoning Inverness injury lawyer Illinois real estate lawyer employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Colin Gilbert DUI defense wrongful termination Illinois business law atorneys Inverness personal injury attorney Crystal Lake estate planning lawyer commercial leasing sexual harassment insurance attorney IRA trust transfer Inverness traffic law firm Chicago insurance law firm Barrington personal injury lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Palatine criminal defense lawyer corporate law Palatine civil attorney Buffalo Grove probate lawyer comparative negligence Illinois employment law murder life insurance policy Rolling Meadows marijuana attorney living trust vs will controlled substance Crystal Lake injury attorney Illinois employment lawyer Palatine civil litigation lawyer social media after death expungement Long Grove wills and trusts attorneys insurance denial appeals Illinois Wage Payment and Collection Act senior citizens Illinois medical malpractice lawyers Des Plaines personal injury attorney pregnant women digital assets Attorney Ken Apicella ACA fatal car accidents Inverness accident lawyer Food and Drug Administration's Food Safety Modernization Act child safety denied insurance claims Illinois insurance claims lawyers Forcible Entry Illinois employment law attorney personal injury claim estate planning attorney Schaumburg estate attorney foreclosure Barrington medical malpractice lawyers Illinois medical malpractice case Schaumburg employment attorney employee rights Rolling Meadows drug defense attorney Barrington criminal defense lawyer Kenilworth estate planning attorney college kids Des Plaines motorcycle accident attorney life insurance claims medication errors employees Inverness real estate attorney Schaumburg employment law attorneys Fair Labor Standards Act Palatine personal injury lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, hands free device Des Plaines personal injury lawyers Inverness elder law lawyer brain injury Home Remodeling Repair Act Schaumburg criminal law attorney premises liability Palatine injury attorney Rolling Meadows litigation lawyer Buffalo Grove injury lawyer criminal defense Rolling Meadows employment law attorneys speeding operating agreements license revocation Crystal Lake pedestrian accident lawyer estate attorney mortgage Deer Park motorcycle accident lawyer underinsured motorist Family Medical Leave Act Illinois Probate Act of 1975 LLCs drugs dealing with problem employees DUI attorney Illinois employment law firm underfunded trust Illinois insurance claim attorney clemency defective products Palatine employment law lawyer Buffalo Grove insurance claim dispute lawyers Illinois Human Rights Act rumble strips employment law, Illinois employment laws Des Plaines injury law firm reckless homicide Deer Park accident attorney bike accident field sobriety test Rolling Meadows employment law attorney foreclosed rental property Arlington Heights employment law attorneys Illinois personal injury attorney Barrington business law firm Illinois construction accident attorney privacy manufacturing Chicago trucking accident attorney nursing home negligence Palatine probate lawyer Palatine business attorney TBI Palatine construction attorney Crystal Lake civil litigation lawyer traffic offenses living wills Arlington Heights trucking lawyer Illinois speeding lawyer liability insurance claim denial drug crimes lawyer Des Plaines drug lawyer modern family estate planning Arlington Heights car accident lawyer institutional trustee Joliet general practice lawyers Schaumburg construction accident lawyer Des Plaines collections attorney Barrington personal injury attorney gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois medical malpractice attorney Rolling Meadows car accident lawyers Thanksgiving living trust benefits Self-Directed IRA Accounts traumatic brain injuries car collision civil rights violation School Visitation Rights Act Palatine insurance lawyer Illinois criminal defense attorney medical malpractice claims appealing an insurance claim Illinois Smoke Detector Act probate claims process drug crimes construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois defective products attorney Crystal Lake medical malpractice law firm fiduciary rule Inverness DUI lawyer traffic laws DUI penalities boating under the influence commercial leases wage theft Palatine law firm probate process taxes wills Arlington Heights tax lawyer estate planning for college students commercial real estate low-ball insurance settlement Illinois real estate suspended license product liability DNR Deer Park DUI lawyer car crashes compensatory time Rolling Meadows corporate lawyer civil litigation attorney irrevocable trust cell phone caretaker rights Mount Prospect elder law attorney boating accidents liens Illinois home inspection texting while driving Rolling Meadows insurance dispute lawyers, insurance dispute Deer Park real estate law firm estate planning trusts Deer Park workers compensation lawyer Arlington Heights wills and trusts attorney advance healthcare directive Illinois civil litigation lawyer DUI Employment Discrimination Law Crystal Lake will lawyer workplace sexual harassment drug crime Illinois employee rights attorney. Des Plaines drug crimes lawyer life insurance ObamaCare Inverness real estate lawyer Schaumburg personal injury lawyer estate plan Arlington Heights wills and trusts lawyer Illinois pet lawyer digital evidence traffic tickets Illinois wills and trusts attorneys Rolling Meadows boating crash lawyer Rolling Meadows employment attorney Illinois insurance disputes filing a medical malpractice claim FSLA paid sick leave caregiver job lawyers Crystal Lake law firm Rolling Meadows Arlington Heights wills and trusts lawyers Palatine workers compensation lawyer life insurance lawyer Barrington attorney trucking accidents Long Grove real estate lawyer Barrington litigation attorney Illinois employment law attorneys truck collisions Arlington Heights insurance attorney Des Plaines claims law firm Illinois living will medical malpractice compensation subcontractor Rolling Meadows personal injury lawyers vacation home Illinois DUI attorney Chicago employment attorney Illinois traffic attorney Buffalo Grove personal injury attorney Illinois personal injury lawyer employment attorney Illinois insurance attorney Deer Park criminal attorney Chicago attorney Schaumburg estate planning attorney car crash Inverness insurance attorney Barrington employment law attorney startup company Crystal Lake car accident lawyer insurance claim denials Illinois motorcycle accident lawyer food poisoning Riverwoods estate planning lawyer blended families Illinois LLC creation dog bites Liquor Control Act PTSD Home Sale Contingencies loss of consortium Palatine trusts lawyer Mount Prospect wills and trusts lawyers boating DUI Rolling Meadows DUI lawyer medical research Illinois driving without license murder charges personal injury attorney workers compensation benefits insurance negligence license reinstatement pizza emoji guardianship attorney installment contracts Illinois insurance claim dispute lawyer Illinois insurance dispute lawyers involuntary manslaughter DMV slip and fall accidents Chicago will attorney, social media platforms, Illinois estate planning lawyer, swimming pools Rolling Meadows tax attorney Buffalo Grove law firm defective products lawyer Schaumburg estate planning lawyer Buffalo Grove criminal defense lawyer Illinois workers compensation lawyer trustee Schaumburg wrongful death attorney Des Plaines Arlington Heights wills and trusts attorneys gift taxes Arlington Heights traffic attorney Arlington Heights medical malpractice lawyer first degree murder Schaumburg drug defense lawyer no contest clauses Illinois boating accident lawyer Des Plaines real estate attorney fault based insurance POA insurance claim holiday statistics breach of contract wills and trusts insurance agents personal injury accidents Retaliatory Discharge Arlington Heights employment attorney spinal cord injury rollover accidents power of attorney for healthcare Des Plaines Traffic Lawyer Long Grove estate planning attorney cell phone accidents cell phone tower data Arlington Heights real estate lawyer employee discrimination revenge porn Deer Park traffic accident attorney Long Grove estate planning attorneys rollover car crashes Crystal lake insurance dispute attorney back injuries Barrington injury attorney Des Plaines personal injury lawyer insurance dispute Schaumburg criminal attorney special needs trust insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Arlington Heights lawyer estate planning motorcycle accident lawyer Palatine Attorney Schaumburg insurance lawyers dram shop law Barrington workers compensation attorney trench injuries owner responsibility drug possession Palatine employment attorney surgical mistakes Illinois business lawyer Rolling Meadows medical malpractice lawyers golf accidents Rolling Meadows accident lawyer tax attorney Crystal Lake bike accident lawyer South Barrington real estate lawyer Illinois wills and trusts Crystal Lake pet attorney income distribution deducation estate planning lawyer personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Des Plaines civil attorney Colin H. Gilbert FMLA real estate attorneys Illinois trucking safety pet law small business estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Chicago biking tips Barrington civil litigation attorney denied insurance claim traffic crimes fiduciary rule delay license anesthesia errors Long Grove estate planning Deer Park traffic lawyer South Barrington real estate attorney traffic deaths insurance agent negligence license suspension Arlington Heights pedestrian accidents car accident lawyers llinois Real Estate Lawyers Association traffic violations traumatic brain injury overtime violations Super Mario Schaumburg car accident attorney Chicago car accident lawyer right to work Jay Andrew Barrington employment law firm trucking accident lawyers contracts business litigation slip and fall real estate natural gas explosion Crystal Lake medical malpractice lawyer Illinois estate planning Illinois employment laws Des Plaines pet law attorney jet ski Whistleblower Claims probate fees home inspection lawyer CAM Arlington Heights car crash attorneys Crystal Lake medical malpractice attorneys forming a corporation in Illinois motorcycle accident Rolling Meadows Traffic Lawyer personal injury workers comp Des Plaines DUI attorney real estate leasing employment lawyer work unions federal regulations for LLCs IRS pedestrian-automobile accident Do Not Resuscitate Chicago traffic lawyer murder defense Legal Info residential real estate real estate closing Affordable Care Act Illinois employment attorneys minimum wage Barrington employment attorney Rolling Meadows probate lawyer bicycle dooring accidents independent contractor Crystal Lake criminal defense attorney Buffalo Grove traffic attorney Crystal Lake personal injury lawyer Mt Prospect Attorney Palatine corporate law attorneys Illinois collections attorney breathalyzer test criminal law Inverness civil lawyer privacy laws trust payments Arlington Heights injury attorney Illinois red light cameras estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Illinois estate planning attorney Deer Park medical malpractice attorney Des Plaines criminal attorney Palatine traffic accidents Barrington drug crime attorney Federal Food Drug and Cosmetic Act underage DUI Des Plaines tax law firm living trust meal breaks hiring employees Illinois small business jet ski accidents auto accidents insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys ken apicella pet bites Inverness probate lawyer Schaumburg probate attorney Schaumburg medical malpractice lawyer products liability Barrington estate planning lawyer Des Plaines insurance attorney Illinois Trust Code Palatine elder law attorney Illinois Sales Representative Act Illinois lawyer probate lawyer pain and suffering landlord car crash injuries Chicago will attorney Crystal Lake business law attorneys consent to a search Arlington Heights accident attorney drunk driving statistics internet employment law Illinois mortgages Chicago employment lawyer Illinois corporate lawyer employee misclassification construction accidents disability benefits problem employees IRA benefits medical malpractice car accident Rolling Meadows insurance lawyer employment contract loopholes traffic violations defense Barrington estate planning attorney Crystal Lake car accident attorney unpaid overtime vacation home fines Deer Park personal injury lawyer creditors sole proprietorship liability claims real estate attorney Rolling Meadows estate planning attorney Schaumburg civil litigation attorney agent Arlington Heights TBI attorney Schaumburg injury lawyer Crystal Lake traffic lawyer unfunded trust Illinois personal injury Schaumburg traffic lawyer Des Plaines medical malpractice attorney Transfer on Death Instrument digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Illinois car accident attorney Barrington criminal lawyer denial of life insurance Rolling Meadows insurance dispute lawyers Illinois attorney Crystal Lake accident attorney insurance claims insurance claim dispute Arlington Heights criminal lawyer Illinois Transfer on Death Instrument homestead rights Buffalo Grove traffic lawyers condo Illinois job attorney natural gas healthcare claims probate deed transfer federal crimes unauthorized overtime Rolling Meadows insurance attorney Illinois insurance lawyer probate claims insurance claim delay real estate lawyer insurance adjusters coronavirus Rolling Meadows criminal attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, Chicago insurance claim attorneys Illinois traffic ticket lawyer head on collisions sexual images elder law rent to own real estate contracts digital information Illinois trusts attorney Palatine drug lawyer Crystal Lake employment lawyer eluding a police officer mass shooting health insurance dispute Illinois workplace discrimination attorney Buffalo Grove real estate attorney IRELA Crystal Lake tax lawyer pay when paid contract elder abuse Chicago estate planning Illinois elder law attorney marijuana Landlord Tenant Ordinance Schaumburg Exclusions severance agreements Crystal Lake personal injury attorney Barrington Illinois estate planning lawyer healthcare crossover accidents marijuana crimes attorney Illinois wrongful termination lawyer drunk driving BAIID Barrington real estate lawyer Illinois estate planning law firm personal injury law firm power of attorney financial advisors bad faith insurance claims Buffalo Grove personal injury lawyer wrongful death Inverness corporate attorney Schaumburg personal injury attorney Illinois personal injury lawyers Palatine punch death icy parking lots civil litigation GM ignition switches Rolling Meadows Attorney blood alcohol content Mount Prospect real estate lawyer investment property car accidents workers compensation Kenilworth estate planning lawyer Illinois traffic accident lawyer in terrorem provision preventing accidents unpaid assessment personal injury claims Long Grove real estate attorney Des Plaines accident attorney distracted driving accidents attorney fees Crystal Lake employment law attorney trusts BAC Class A misdemeanor

Archive