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Who Gets a BUI in Illinois When Everyone on the Boat Has Been Drinking?
Boating culture in Chicago is vibrant and deeply ingrained in the city’s summer lifestyle. On weekends, Lake Michigan and the Chicago River teem with watercrafts filled with people enjoying the sunshine, music, and drinks. But what happens when law enforcement boards your boat and discovers that everyone has been drinking? Who ends up facing a criminal charge?
The answer surprises many: anyone who is in “actual physical control” of the boat, even if the vessel wasn’t moving. Under Illinois law, more than one person can be investigated or arrested for Boating Under the Influence (BUI) if there’s reason to believe they were operating—or could have operated—the watercraft while intoxicated. It’s a charge that carries real consequences, and the ambiguity often leaves people vulnerable to arrest based on little more than proximity to the controls.
At The Law Offices of David L. Freidberg, we’ve handled countless cases where a relaxing boat ride ended in flashing lights and handcuffs. These arrests often stem from misidentification, poor investigation, or assumptions made by police. If you’re facing a BUI and everyone on board was drinking, you need to know your rights and understand what law enforcement must prove to convict you.
Illinois BUI Law: A Look at 625 ILCS 45/5-16
The Illinois BUI statute, 625 ILCS 45/5-16, makes it illegal to operate or be in actual physical control of a watercraftwhile under the influence of alcohol, drugs, or a combination of both. The law applies a .08 blood alcohol concentration (BAC) standard, just like a traditional DUI. But here’s the key distinction: operating doesn’t necessarily mean driving at the time of the stop.
“Actual physical control” is not clearly defined in the statute. Courts interpret this phrase to mean you had the capability to operate the vessel, whether you did or not. For instance, if you’re sitting at the helm with the keys in the ignition—even if the boat is off—you may still be charged with BUI. If officers can’t determine who was driving, they often default to whoever is closest to the wheel or who owns the vessel.
A first-time BUI is charged as a Class A misdemeanor, carrying up to 1 year in jail, $2,500 in fines, and mandatory substance education. If the incident involves an accident with injury or death, or if you have prior DUI or BUI convictions, you could face felony charges under 720 ILCS 5/9-3 for reckless homicide or 720 ILCS 5/12-3.05 for aggravated battery.
These are serious allegations, and the presence of alcohol on board complicates everything—especially when no one takes responsibility for steering.
When Law Enforcement Boards the Boat: What Triggers an Investigation?
Contrary to what many believe, marine police or Illinois Department of Natural Resources officers don’t need probable cause to stop a boat. Routine safety checks are allowed under federal and state maritime rules. Once officers board the boat, they’ll scan for obvious signs of impairment—open containers, the smell of alcohol, slurred speech, glassy eyes, and erratic behavior.
If officers observe that everyone has been drinking, their attention immediately turns to determining who had control of the vessel. They may ask questions like:
- Who was driving?
- Who owns the boat?
- Who turned off the engine?
- Who’s seated at the controls?
Even if you never touched the steering wheel, the answers to these questions—especially if inconsistent—can lead to suspicion. If no one confesses, officers may detain or arrest multiple passengers or focus on the person who speaks up first. This approach can result in wrongful arrests based on misleading information or poor assumptions.
We’ve handled cases where two or three passengers were all threatened with BUI charges because none of them clearly stated who had operated the vessel. It’s not uncommon for innocent people to be arrested out of convenience.
Defending a BUI Charge When Everyone Was Drinking
One recent client was out on the water with five friends. They had been anchored off Monroe Harbor all afternoon, listening to music and drinking. When conservation police boarded the boat, everyone was cooperative—but none admitted to operating the vessel. My client had been seated near the wheel, but the keys were in a cup holder and the engine had been off for hours.
Still, she was arrested and charged with BUI. The officers claimed her position at the helm suggested she had operated the vessel or was capable of doing so while impaired. She failed one field sobriety test, but it was administered on the unstable deck of the boat without adequate explanation.
We immediately filed a motion to suppress the arrest based on the lack of probable cause and improper testing protocols. During cross-examination, officers admitted they had no direct evidence she operated the vessel. The judge agreed that “actual physical control” had not been proven beyond a reasonable doubt, and the case was dismissed.
The takeaway? In these cases, law enforcement often casts a wide net hoping someone will admit guilt. If no one does, they act on assumptions. But the law still requires them to prove you were both impaired and in control.
What Makes BUI Defense Different—and Why Trial Experience Matters
BUI cases are often more technical than standard DUI cases. Field sobriety tests on boats are notoriously unreliable. Officers often administer them without level surfaces or proper lighting. Breathalyzer calibration issues are common. And jurisdictional confusion—whether it’s Chicago Police, the IDNR, or the Coast Guard—can open the door for procedural errors.
These flaws are only spotted by attorneys with deep experience litigating DUI and BUI cases. If your lawyer doesn’t understand how to cross-examine marine officers or challenge faulty breath test results, you could lose a winnable case. Trial attorneys also build leverage. Prosecutors know which lawyers will push back—and which ones will settle quickly. That difference alone can mean a better plea deal or a dropped case.
At The Law Offices of David L. Freidberg, we’ve secured not-guilty verdicts, dismissals, and reduced charges in countless BUI cases. Every case is different, but all deserve a strategic, trial-ready defense.
Legal Strategies When Multiple People on the Boat Were Drinking
If you’re charged with BUI but others were drinking too, here are key strategies we’ve used:
- Challenge Operation: Show you weren’t in control of the vessel at the time of the stop. This can involve witness statements, video footage, or forensic analysis of boat controls.
- Question Sobriety Testing: Argue that field tests were invalid due to water movement, improper instructions, or biased interpretations.
- Attack Breath Test Validity: Many marine units use portable breath tests (PBTs) that aren’t approved for evidentiary use. Chain of custody issues and lack of observation periods also matter.
- Raise Constitutional Violations: If you were detained without probable cause or questioned without Miranda warnings, key evidence may be suppressed.
- Highlight Gaps in the State’s Case: If the prosecution can’t prove who operated the boat, reasonable doubt exists.
Even if you think you’re partially at fault, don’t plead guilty before speaking to a lawyer. There may be multiple defenses available to reduce or eliminate the charge.
Why You Should Call The Law Offices of David L. Freidberg Right Now
Boating Under the Influence is not a harmless ticket. It’s a criminal charge with lifelong consequences. You could lose your license, pay thousands in fines, and carry a permanent criminal record. Worse, the state may push to suspend your boating privileges—even for a first offense.
Whether you’re facing a BUI in Cook, DuPage, Will, or Lake County, you deserve an aggressive defense backed by experience and results. At The Law Offices of David L. Freidberg, we’re available 24/7 and we never back down from a fight.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you were arrested in Chicago for DUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling DUI cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
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.