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


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