Boating Under the Influence in Illinois

 Posted on September 20,2024 in DUI

Since Illinois is home to many lakes and rivers, boating is a popular leisure activity here. For many people, leisure goes hand-in-hand with drinking. No matter what type of boat you are sailing in, it is always illegal to operate any vessel while under the influence of alcohol or drugs. 

While the consequences you could face if you are convicted of boating under the influence (BUI) can vary depending on several factors, you can be sure that BUI is taken very seriously by Illinois authorities. A recent court case regarding an incident that took place three years ago highlights just how serious BUI accusations can be. If you are at risk of a BUI charge, contact a dedicated Aurora, IL criminal defense lawyer to learn more.

What Are the Consequences of a BUI Charge?

Illinois has strict laws addressing boating under the influence. If you are charged with a BUI, you could face heavy fines, charges, and jail time. Your boating license and even your driver’s license might be confiscated. The specific penalty depends on several factors, including:

• Your blood alcohol concentration (BAC)

• The amount of drugs in your system

• The type of boat you were operating

• Whether your drug or alcohol use caused an accident or injury

• Any previous convictions

In Illinois, a first BUI offense is generally charged as a Class A misdemeanor, which could have you facing fines of up to $2,600 and up to one year in jail. If you are a repeat offender, your penalties will likely become more severe, with fines of up to $25,000 and up to three years in prison. 

In addition to sentences and fines, having a BUI on your record could mean that your insurance premiums are raised significantly. You might also be denied acceptance to a school or lose your job, in addition to interpersonal consequences with family and close friends. 

Defending Against BUI Charges in Illinois

BUI charges are taken very seriously in Illinois, but that does not mean you cannot fight them. Some commonly and successfully used BUI defenses include demonstrating that:

• You were subject to an illegal search and seizure and the evidence recovered should be suppressed 

• The field sobriety test was subjective and should be challenged

• The breathalyzer was not properly calibrated so the results should be excluded from the evidence

• There is a gap in the chain of custody for your blood sample so it should be excluded

• Your appearance of impaired functioning could have been caused by things other than alcohol

Schedule a Free Consultation with an Aurora, IL BUI Lawyer

If you are facing BUI charges, an experienced Kane County, IL criminal defense attorney can advise you on how to navigate this serious situation. At The Law Office of Brian J. Mirandola, we are dedicated to building a strong case to protect our clients’ rights regardless of the charges. Call us at 847-488-0889 to schedule a free consultation.