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


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