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


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