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

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

Archive