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


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