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

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

Archive