Read about the consequences—including fines, jail, and privilege suspension—of boating under the influence (BUI) in Illinois.
In Illinois, it's not only illegal to drive a car while intoxicated but also to operate a boat while under the influence of drugs or alcohol. This article explains Illinois's boating under the influence (BUI) law and the penalties you'll face for a conviction.
Illinois's Boating Under the Influence (BUI) Law
Illinois law prohibits operating or being in actual physical control of any watercraft within the state while under the influence of drugs or alcohol.
How Illinois's BUI Law Defines "Under the Influence"
Generally, a person can be convicted of boating under the influence for operating a watercraft while:
- impaired by drugs, alcohol, or a combination of the two to a "degree which renders such person incapable of safely" operating the watercraft,
- having a concentration of five nanograms or more of THC (the primary psychoactive ingredient in marijuana) per milliliter of blood or ten nanograms or more of THC per milliliter of other bodily substance, or
- having a blood alcohol concentration (BAC) of .08% or greater.
In other words, you can get a BUI based on actual impairment or the amount of drugs or alcohol in your system.
Illinois's BUI Law Applies to Motorized and Non-Motorized Vessels
The term "watercraft" includes most motorized and non-motorized vessels. So it's possible to be arrested for boating under the influence even if you're just in a sailboat or rowboat.
Illinois's Boating Under the Influence (BUI) Penalties
The consequences of an Illinois BUI conviction depend on the circumstances of the case. But, generally, the penalties vary depending on how many prior convictions the boater has and whether anyone was injured or killed.
Penalties for a 1st BUI Conviction in Illinois
A standard first-offense BUI is a class A misdemeanor and carries up to $2,600 in fines and 364 days in jail.
Penalties for a 2nd BUI Conviction in Illinois
Where a BUI offender has at least one prior BUI conviction, the second offense will be a class 4 felony, which carries up to three years in prison and $25,000 in fines.
Penalties for BUI Offense Involving Serious Injuries in Illinois
If a BUI offender is involved in an accident that causes "great bodily harm" or "permanent disability or disfigurement" to another person, the offense will be a class 4 felony, which carries up to three years in prison and $25,000 in fines.
Penalties for a BUI on Suspended Operator's Privilege in Illinois
If a boater gets a BUI while the boater's privilege to operate a watercraft is suspended because of a BUI-related offense, the offense will be a class 4 felony, which carries up to three years in prison and $25,000 in fines.
Penalties for Illinois BUI Offenses Involving Deaths
Where a BUI offender is involved in an accident that causes the death of another person, the offense will be a class 2 felony and carry a three to a 14-year prison sentence and up to $25,000 in fines.
Penalty Enhancements for Illinois BUIs Involving Minor Passengers
And for any BUI where there was a passenger in the watercraft under 16 years old, there's a minimum fine of $500, and the operator must do at least five days of community service in a program benefitting children.
Operator's Privilege Suspension for Boating Under the Influence in Illinois
Illinois law imposes a one-year operator's privilege suspension for certain misdemeanor BUIs and a three-year suspension for all felony BUIs.
Talk to an Attorney
BUI law is complicated and changes frequently. If you've been arrested for boating under the influence, get in touch with a knowledgeable attorney. An experienced DUI/BUI attorney can help you understand how the law applies to the facts of your case.
