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


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