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


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