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