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

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

Archive