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

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

Archive