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


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