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. 

Boating Safety Laws in Illinois

Web Admin - Tuesday, July 22, 2014

illinois boating accident lawyerOne of the most common summer activities around Illinois is boating. It is a great way for people to get out and enjoy the water and the good weather. However, boating is also a dangerous activity if people do not do it with the proper care. 

Consequently, Illinois has a variety of boating safety laws in place to help ensure that everyone can safely take advantage of the summer weather while it lasts. These laws were recently updated following the death of a 10-year-old boy in an alleged drunk boating accident. The new laws include further restrictions and increased penalties on operating a boat while under the influence of alcohol, special signaling requirements for safety and visibility, and boating licenses for younger operators.

Boating and Alcohol

One of the most common causes of boating fatalities is the improper use of alcohol while boating. Just like driving a car, operating a boat while intoxicated increases the risk of death or serious injury while on the water. In fact, according to the Illinois Department of Natural Resources, despite alcohol being involved in approximately one in six boating accidents overall, it has been a factor in one-third of the boating deaths this year.

Boaters should keep in mind that the legal limit for operating a boat or personal watercraft is the same as it is for driving a car: 0.08 percent blood alcohol content. The penalties for such violations can be severe, including thousands of dollars in fines and up to 14 years in prison if the impaired boat operation results in a person's death. Additionally, if a person is convicted of three DUIs, then the state may take their boat from them as part of the penalty. Boating DUIs can also affect a person's ability legally to drive their car since courts may punish intoxicated boaters by suspending their driver's licenses.

Signaling and License Requirements

The updated laws also have new requirements as far as signaling and licensing requirements are concerned. Now, any boat that is pulling someone behind it in a tube or on water skis must display a bright orange flag from the highest point on the boat. The flag must be at least a one-foot square, and it must stay out the entire time that the boat pulls the person. The law also added a new license requirement for boat operators between the ages of 12 and 17. Starting in 2016, minor operators must complete a boating safety course before they can operate a motorboat.  

If you have recently been involved in a boating accident caused by the negligence of others, contact an experienced Illinois personal injury attorney today. Our skilled team of lawyers represents clients in many northwest suburban towns like Rolling Meadows, Barrington, and Crystal Lake.

About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

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

Archive