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


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