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Caught After a Boating Accident? What to Know About BUI Charges in Illinois
Summer on Lake Michigan is one of the best parts of living in Chicago. Whether it’s cruising past Navy Pier, anchoring off Montrose Harbor, or floating near the mouth of the Chicago River, thousands enjoy the water each year. But if you’re accused of drinking or using drugs before a boating accident, everything changes fast. In Illinois, that’s not just a violation—it’s a criminal offense.
Boating Under the Influence (BUI) is charged similarly to a DUI involving a car. And if someone is injured, your legal exposure increases dramatically. You could face felony prosecution, a permanent record, and even years in prison. That’s why it’s critical to understand the law, your rights, and the steps a skilled BUI defense attorney can take to protect you.
This article covers what happens after a boating accident leads to BUI charges, the role of Illinois criminal law, and how The Law Offices of David L. Freidberg defends people facing these high-stakes allegations.
Illinois Law on Boating Under the Influence: How It Applies After an Accident
Many people are surprised to learn that the State of Illinois enforces DUI laws on the water. Under 625 ILCS 45/5-16, operating a boat while under the influence of alcohol, cannabis, or any other intoxicating substance is a criminal act. If your BAC is 0.08% or higher, or if officers believe your ability to safely operate a watercraft was impaired, you can be arrested.
This law applies on every body of water in Illinois: the Chicago River, Lake Michigan, inland lakes, and even private property if it’s accessible to the public. When a boating accident occurs, officers from the Illinois Conservation Police, the Chicago Marine Unit, or other local agencies will investigate, and if they suspect intoxication played a role, you’ll likely be taken into custody.
Even if no one is hurt, your charges can result in a Class A misdemeanor, carrying up to one year in jail and a $2,500 fine. But if the accident caused injury or death, the consequences are much worse. You may be charged with:
- Aggravated BUI – A Class 4 felony under 625 ILCS 45/5-16(d) if great bodily harm occurred
- Aggravated battery or reckless homicide – Class 2 felony under 720 ILCS 5/12-3.05 or involuntary manslaughter under 720 ILCS 5/9-3 if someone died
These felony charges can bring three to seven years in prison and lifetime repercussions on your criminal record.
From Arrest to Arraignment: What Happens After You’re Accused
BUI arrests tend to occur at marinas, docks, or police launch ramps. You may be asked to perform field sobriety tests, submit to chemical testing (breath or blood), or give a statement. Once probable cause is established, law enforcement will take you into custody.
After booking, your case enters the Cook County criminal court system (or another local county court, depending on where the incident occurred). Your first appearance before a judge is the bond hearing. Then comes the arraignment, when charges are formally read and a plea is entered.
During this time, the prosecution will begin gathering their evidence—and so should you. The sooner you have an attorney, the more time there is to challenge improper police conduct, test results, and weak witness testimony.
How Prosecutors Build a Case After a Boat Crash
Prosecutors are not limited to breathalyzer results. In many BUI cases, they rely on multiple forms of evidence to secure a conviction, including:
- The officer’s observations of slurred speech or impaired motor skills
- Boat speed or erratic navigation
- The smell of alcohol or the presence of drugs
- Injuries or damage caused by the crash
- Statements made by passengers or other boaters
- Chemical test results from blood or breath samples
They may also use photos of the accident, GPS tracking, marine patrol videos, and reports from first responders.
In cases involving injuries, the stakes go up. The prosecutor may seek felony charges even if your BAC was only marginally above the legal limit. That’s why your defense must be aggressive, well-researched, and specifically focused on exposing weaknesses in the State’s narrative.
Why You Shouldn’t Plead Guilty Without Talking to a Defense Lawyer
You might be tempted to accept a plea deal just to make it go away. But before you admit guilt, you need to understand exactly what’s at stake. A conviction for BUI—even a misdemeanor—can:
- Result in jail time
- Raise your insurance rates
- Make it harder to pass background checks for jobs or housing
- Lead to a permanent mark on your criminal record
- Create problems for future DUI charges, as BUI may count as a prior
Once you plead guilty, reversing the damage is difficult or impossible. With the right defense, however, your case might be dismissed, reduced to a non-criminal offense, or resolved without jail or a conviction at all.
Common Defenses to BUI After a Boating Accident
At The Law Offices of David L. Freidberg, we thoroughly evaluate the facts of your case and develop the strongest defense strategy available. Potential defenses may include:
- Challenging the legality of the stop or arrest
- Proving the chemical test was improperly conducted
- Demonstrating that your impairment was caused by fatigue, sun, or injury—not alcohol
- Arguing that you were not operating the vessel at the time of the crash
- Showing that another party caused the boating accident
In some cases, we also seek to exclude statements made during a chaotic accident scene, especially if your Miranda rights were not clearly provided.
Our goal is to weaken the State’s case to the point that it collapses—or force a plea offer that keeps your record clean and avoids jail.
Local Example: Beating a BUI Case in Lake County
One client was involved in a jet ski accident in Lake County, where a bystander was mildly injured. Law enforcement suspected alcohol use and administered a breathalyzer that came back at 0.07%. Still, they arrested our client and charged him with BUI due to witness claims and alleged signs of impairment.
We reviewed the body cam footage and highlighted several inconsistencies in how the field sobriety tests were performed on a floating dock, where balance was impossible. We also obtained expert analysis of the breath test, which showed the BAC level was within the margin of error.
We filed a motion to suppress all chemical evidence due to improper handling and succeeded. Without that evidence, the State dismissed the case entirely before trial.
Choosing the Right Lawyer Matters
When you’re facing BUI charges, experience with criminal law isn’t enough—you need a lawyer who understands the complexities of DUI law and how they intersect with boating regulations in Illinois.
David L. Freidberg has defended clients for decades throughout Cook County, DuPage, Will, and Lake Counties. We know how these cases are prosecuted, what evidence matters, and how to build a defense that holds up in court.
You don’t want a lawyer who just pushes you into a plea. You need someone who knows when to fight.
You’ve Been Arrested—Now What?
Don’t speak to police or prosecutors without a lawyer. Don’t assume the charges will “blow over” just because it was a boating incident. And don’t risk going into court without representation.
Instead, call The Law Offices of David L. Freidberg for immediate help. We’re available 24/7, and we will walk you through what to expect, how we’ll defend your rights, and what it will take to fight the case against you.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you’ve been charged with Boating Under the Influence after an accident on the water, protect yourself by hiring a Chicago criminal defense attorney who knows how to win these cases. At The Law Offices of David L. Freidberg, we offer aggressive representation and are available day or night to discuss your case.
If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.
Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County.