Boating DUI

Illinois enforces strict drinking and boating laws that are very similar to Illinois motor vehicle DUI laws. Under Illinois law (625 ILCS 45/5-16), it is illegal to operate or be in actual physical control of any watercraft (boat, jet ski, waverunner, etc.) while under the influence of alcohol or with an alcohol concentration of .08 or greater. The DUI attorneys at The Davis Law Group, P.C. represent clients charged with boating DUI throughout Illinois including Lake County, Cook County and DuPage County.

It is also illegal to operate a watercraft (boat, jet ski, waverunner, etc.) while under the influence of a drug (or drugs), cannabis with a prohibited THC concentration or any amount of a controlled substance or methamphetamine or intoxicating compound resulting from unlawful use.

A first offense for boating under the influence is a Class A misdemeanor. A Class A misdemeanor carries a maximum sentence of up to 364 days in jail and a $2,500.00 fine plus mandatory court costs.

However, there are enhanced penalties for previous offenders or boating DUIs that involve other aggravating factors. Under certain circumstances a boating DUI can result in a felony charge. If previously convicted of a boating DUI, a subsequent offense is a Class 4 felony, punishable by up to 3 years in prison. If a boating DUI results in the death of another person, the offense may be charged as a Class 2 felony. A conviction for a Class 2 felony is subject to no less than 3 years in prison and a maximum of 12 years in prison. If the boating DUI resulted in personal injury, permanent disability, great bodily harm, or disfigurement, the offender is subject to a sentence of a minimum of 1 year in prison and a maximum of 12 years in prison.

A person who commits the offense of boating DUI with a child under the age of 16 present is subject to a mandatory minimum fine of $500.00 and 5-days of community service in a program benefiting children.

Furthermore, a person charged with a boating DUI may be charged with a Class 4 felony if their boating privileges were already suspended or revoked at the time of the offense.

Any non-first offender (anyone with a prior boating DUI offense) convicted or found guilty of a new boating DUI will receive at least a one-year suspension of boating privileges.

The Illinois boating DUI law contains license penalties similar to the motor vehicle DUI laws for those who refuse chemical testing (which may include breath, blood or urine testing) at the discretion of the law enforcement officer. A person who refuses chemical testing is subject to a 2-year suspension of boating privileges.

The DUI attorneys at The Davis Law Group, P.C. have extensive experience and knowledge in the area of DUI defense and criminal defense. We have defended clients charged with boating DUIs throughout Illinois. We regularly defend DUIs in Lake County, Cook County and DuPage County.

If you are charged with a boating DUI, contact our firm to discuss your options and learn how we can help protect your rights. Feel free to reach out to us using the contact form on this page or by calling us at (847) 390-8500.