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Who Has the Right to Stop You for BUI on Illinois Waters?
In the summer months, boating in and around Chicago is one of the best ways to enjoy the city’s beautiful lakefront. But what starts as a relaxing day on Lake Michigan or the Chicago River can quickly become a legal nightmare if you’re stopped and questioned for Boating Under the Influence (BUI). What many people don’t realize is that law enforcement doesn’t need a warrant or even probable cause to stop your boat on the water. And once that stop begins, you’re suddenly on the defensive.
As criminal defense attorneys with decades of courtroom experience in Chicago, we’ve helped clients fight back against unlawful stops, bogus BUI charges, and excessive enforcement tactics. You need to know what rights you have, what the law allows, and why having the right attorney can change the entire outcome of your case.
The Legal Authority Behind Boating Stops in Illinois
On the water, your rights are not quite the same as they are behind the wheel of a car. Under Illinois boating law—625 ILCS 45/5-16, enforcement officers have more freedom to conduct what are called “safety inspections.” That means they don’t need to see you speeding or driving recklessly. They can stop your boat just to check if you have life jackets or proper registration.
Who can conduct these stops? The list is longer than you think. The Illinois Conservation Police (IDNR), local sheriff’s departments, city police marine units, and even the U.S. Coast Guard can stop and board your vessel depending on your location. Once onboard, if they claim to see open alcohol, smell liquor, or say you’re acting “impaired,” that safety check suddenly shifts into a criminal investigation.
You can’t talk your way out of it. You can’t avoid it by being polite. What you need to do is stay calm, say as little as possible, and call an attorney immediately if you’re arrested.
What Counts as BUI in Illinois?
Just like DUI laws on land, Illinois prohibits the operation of any watercraft while under the influence of alcohol, drugs, or a combination of substances. Under 625 ILCS 45/5-16(a), the legal limit for operating a boat is a blood alcohol concentration (BAC) of 0.08 or higher. But you can still be charged even with a lower BAC if the officer claims your abilities were impaired.
If you’re convicted of BUI, you’re facing a Class A misdemeanor, which includes up to 364 days in jail, a fine up to $2,500, and loss of boating privileges. If someone is injured or a child is onboard, it could be upgraded to a Class 4 felony or even higher. A conviction goes on your criminal record and is visible in background checks for jobs, housing, and professional licensing.
This is not just a boating ticket. It’s a criminal charge that follows you for life unless it’s dismissed, acquitted, or sealed.
What Happens During a Typical BUI Stop
A normal BUI stop might start with a routine check. Maybe the officer says they want to verify your registration or make sure your boat is compliant. That gives them legal access to board. Once they’re on your vessel, they’ll scan the deck for open containers, smell for alcohol, and watch how you speak and move.
If they suspect impairment, they’ll escalate the stop. You may be asked to perform field sobriety tests, including balance tests on unstable surfaces, counting exercises, or coordination checks. These are notoriously unreliable—especially on a rocking boat.
Officers may also use Preliminary Breath Tests (PBTs), which are portable devices. If they get a positive reading or you refuse, they can arrest you and require further chemical testing of your blood, breath, or urine under Illinois’ implied consent law.
Refusing a chemical test results in automatic suspension of your boating privileges and can be used as evidence against you under 625 ILCS 45/5-16c. The arresting agency then forwards your case to the state’s attorney, and you’ll receive a court date in the county where the arrest occurred.
Why You Need a Lawyer—Even if You Plan to Plead
Many people make the mistake of thinking, “If I wasn’t drunk, I don’t need a lawyer.” That’s not how BUI charges work. These cases are not just about whether you blew over the legal limit. They’re about what the officer says you did, how the evidence was collected, and whether your rights were violated.
We’ve had clients stopped on a technicality, only to be charged based on subjective officer opinion and minimal evidence. In one case out of Will County, a man was charged with BUI despite being under the limit. The officer claimed he “smelled like beer” and “appeared slow.” We pulled body cam footage, subpoenaed test logs, and challenged the probable cause of the stop. The case was dismissed.
Prosecutors in Cook County and the surrounding areas take these cases seriously. They’re not going to give you a break just because you’ve never been arrested before. You need someone on your side who knows how to fight, not just how to fill out paperwork.
Legal Defenses We Can Use to Beat BUI Charges
A good BUI defense attorney will look at the entire context of the stop, not just the breathalyzer. Here are some of the legal arguments we’ve used to get charges reduced or thrown out:
No reasonable suspicion or probable cause: If the stop wasn’t legal, everything that followed is inadmissible.
Field tests were not valid: Sobriety tests conducted on a boat are highly unreliable, and many courts agree.
Test results were flawed: Machines malfunction, chains of custody are broken, and results can be suppressed.
Medical conditions: Certain conditions mimic signs of intoxication and can be documented by a doctor.
Statements were coerced or taken without Miranda warnings: These are constitutional violations that may justify suppression.
Every case is different. That’s why we dig deep. And that’s why we win cases where others would tell you to just plead guilty.
How the Court Process Works After a BUI Arrest
After your arrest, you’ll be released with conditions and given a court date, typically within 30 days. The case will proceed through several phases:
- Arraignment: Formal reading of the charges
- Pretrial motions: Your attorney may challenge the legality of the stop, the test results, or any procedural errors
- Discovery: We obtain all reports, videos, test logs, and witness statements
- Plea discussions: If the evidence is weak, we negotiate dismissal or reduction
- Trial: If no agreement is reached, we go to court and fight
Even if your goal is to avoid trial, you want an attorney who’s comfortable and confident in the courtroom. Prosecutors offer better deals when they know we’re not afraid to make them prove their case.
Why The Law Offices of David L. Freidberg Should Represent You
We’ve defended BUI and DUI charges for decades across Cook County, Lake County, DuPage County, and Will County. We know the prosecutors, the judges, and the procedures. More importantly, we know the law and we know how to attack these charges.
Our goal is simple: Keep your record clean, keep you out of jail, and protect your future. Whether it’s getting a charge reduced, dismissed, or winning outright at trial, we build real defenses that work.
You only get one shot to protect your record. Make it count.
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.