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

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

Archive