Fighting DUI Charges After a Boating Accident in Illinois

Defending Against Boating Under the Influence (BUI) on Lakes, Rivers, and Lake Michigan

Chicago’s summers are defined by our iconic lakefront, the vibrant stretch of the Chicago River, and the countless residents and visitors who take to the water on boats, jet skis, and personal watercraft. But what begins as a relaxing day on Lake Michigan can quickly end in flashing lights, handcuffs, and felony charges if law enforcement believes you were operating a watercraft under the influence. In Illinois, Boating Under the Influence (BUI) is a serious criminal offense—and in Cook County, those arrested on BUI charges are often prosecuted aggressively.

Illinois law treats a BUI similarly to a DUI in a car. Under 625 ILCS 45/5-16, operating any motorized or sail-powered watercraft while under the influence of alcohol, drugs, or a combination of substances is a crime. Penalties escalate when a boating accident occurs, particularly if someone is injured or killed. A first-offense BUI without injury is typically a Class A misdemeanor, punishable by up to one year in jail and a $2,500 fine. However, if the incident involves serious bodily harm or death, you may face a Class 4 or Class 2 felony, with penalties reaching up to seven years in prison under 720 ILCS 5/12-3.05.

Understanding the criminal classification and knowing the stakes is only the beginning. If you’ve been arrested for a BUI after a boating accident in Chicago, you need legal counsel immediately. The criminal process moves fast, and without strategic representation, you risk permanent damage to your criminal record, driving privileges, and future opportunities.

Understanding Illinois BUI Law: Statutes, Penalties, and the Criminal Process

Boating Under the Influence is governed primarily by the Boat Registration and Safety Act (625 ILCS 45/5-16). This statute prohibits operating or being in actual physical control of any watercraft while:

Having a blood alcohol concentration (BAC) of 0.08% or more,
Being under the influence of alcohol or any intoxicating compound that impairs ability,
Being under the influence of any drug or combination of drugs,
Having any amount of a controlled substance in one’s system.

Law enforcement from the Illinois Conservation Police, Chicago Police Marine Unit, and other agencies patrol local waters heavily during the summer. Arrests are common, and charges are enhanced if your conduct results in a boating collision, property damage, or injury.

Under Illinois law, if a BUI leads to injury, the charge may be elevated to a Class 4 felony under 625 ILCS 45/5-16(d). If the incident results in great bodily harm, permanent disability, or disfigurement, charges can escalate to a Class 2 felony under 720 ILCS 5/12-3.05, with mandatory prison time. If a death occurs, involuntary manslaughter charges under 720 ILCS 5/9-3 are often added.

The criminal case typically begins with a marine unit or conservation officer initiating a stop or responding to a boating accident. Field sobriety tests may be administered on a boat dock or land. If probable cause is found, you will be arrested, fingerprinted, and processed into the county’s criminal justice system.

What most people don’t realize is that a BUI arrest also creates consequences beyond jail time and fines. You may face a suspension of your driver’s license, mandatory alcohol education, community service, and a criminal record that appears on background checks—long after your case is resolved.

The Trial Defense Process in Illinois BUI Cases: From Arraignment to Verdict

Fighting a BUI charge in Cook County or anywhere in Illinois requires a deep understanding of local court procedures and a proactive defense strategy. Once the arrest is made, you’ll face an initial bond hearing or arraignment in the local district court. This is where the judge formally presents the charges and decides the terms of your release.

Discovery follows, during which the prosecution is required to turn over the evidence against you. This may include marine police reports, field sobriety test results, chemical BAC or drug test data, and any witness statements or accident reconstruction documents. At this stage, a skilled attorney will dissect every element of the case—looking for procedural errors, violations of your rights, or unreliable testing methods.

Motion hearings are often a crucial battleground. We may file a motion to suppress evidence if the stop was unlawful, the breathalyzer device was uncalibrated, or the arrest was made without proper cause. If the court grants the motion, key evidence may be thrown out, weakening the prosecution’s case.

If your case proceeds to trial, it will be heard before a judge or jury. At trial, the State must prove every element of the crime beyond a reasonable doubt. Your defense attorney will cross-examine the arresting officers, challenge the scientific reliability of the State’s evidence, and present alternative explanations for your behavior. In some cases, we bring in independent toxicology or accident reconstruction experts to create doubt in the prosecution’s version of events.

Real Case Example: Successful BUI Defense After a Chicago River Accident

One of our clients, a 42-year-old Chicago resident, was arrested for BUI after his motorboat collided with a docked vessel along the Chicago River. There were no serious injuries, but minor property damage was reported. He was given field sobriety tests at the marina and later submitted to a breath test showing a BAC of 0.09%.

We reviewed the footage from surrounding security cameras and challenged the legality of the initial stop. The arresting officer failed to follow required observation procedures during the chemical testing process. We filed a motion to suppress the breathalyzer results and succeeded. Without the chemical test as evidence, the prosecution’s case weakened considerably.

During trial, we demonstrated that the field tests were administered improperly on uneven dock planks and highlighted our client’s preexisting knee injury. The jury found him not guilty, and his record was later expunged. This outcome shows how critical it is to have a defense attorney who knows how to fight BUI charges from every legal angle.

Evidence Used in BUI Arrests and What Law Enforcement Looks For

When investigating a suspected BUI after a boating accident, officers typically collect a range of evidence. They’ll often rely on visual observations, such as slurred speech, glassy eyes, unsteady movement, or the smell of alcohol. They may also request field sobriety tests—though these are often flawed due to the conditions on a boat or pier.

Chemical testing is common, including breath, blood, or urine tests. However, issues often arise regarding the chain of custody, the equipment’s calibration, and whether the tests were conducted according to proper standards.

Additional evidence may include GPS or engine data from the boat, accident reconstruction reports, eyewitness accounts, video footage from nearby docks or marinas, and statements you may have given without realizing they could be used against you.

Understanding how to challenge this evidence is essential. A well-prepared defense can expose flaws in the collection, handling, or interpretation of the evidence—and that can be the difference between a conviction and a dismissal.

Why You Need a Criminal Defense Attorney for a BUI Case in Illinois

You are facing criminal prosecution, not a ticket. BUI is not a boating regulation violation—it’s a real criminal charge that can affect every part of your life. A conviction can lead to jail time, loss of your driver’s license, increased insurance costs, and a permanent criminal record.

A criminal defense attorney protects your rights from the very first court appearance through trial. We ensure no illegal search or seizure goes unchallenged, that the prosecution meets its burden of proof, and that every legal option is explored to resolve your case favorably.

Without legal representation, you risk making statements that harm your defense, missing critical deadlines, or agreeing to unfavorable plea deals. An experienced defense lawyer in Chicago can help you fight the charges, suppress bad evidence, and—if appropriate—negotiate for reduced penalties, deferred prosecution, or case dismissal.

Legal Defenses in Illinois BUI Cases After a Boating Accident

Every BUI case is different, but several defenses may apply, depending on the circumstances. Common defense strategies include:

Challenging the validity of field sobriety tests performed on unstable surfaces
Questioning the reliability or admissibility of breath or blood tests
Arguing that the boating accident was unrelated to impairment
Showing lack of probable cause for the stop or arrest
Presenting alternative explanations for behavior misinterpreted as intoxication (e.g., fatigue, sun exposure)

The key to a strong defense is early and aggressive legal involvement. The sooner we begin investigating your case, the more opportunities we have to protect your rights and build a defense tailored to your situation.

What to Look for in a Criminal Defense Attorney in Illinois

If you’re searching for legal representation after a BUI arrest in Chicago, choose someone with proven experience defending DUI and BUI cases in Illinois courts. Look for a lawyer who:

Practices regularly in Cook, DuPage, Will, and Lake Counties
Knows the local judges and prosecutors
Has trial experience and a record of dismissals or not-guilty verdicts
Is accessible 24/7 and gives your case personal attention

You should feel confident that your attorney is not just taking your case to plead you out, but is ready and willing to take it to trial if necessary.

Questions to Ask a Criminal Defense Lawyer in Your Free Consultation

When you meet with an attorney about your BUI case, ask how often they handle boating DUI cases, what their success rate is, whether they’ve taken similar cases to trial, what defenses might apply in your situation, and what strategy they would use for your defense. Be sure to ask about communication, cost, and court appearance expectations.

City-Specific Criminal Defense FAQs: BUI Charges in Chicago and Illinois

Can I Be Charged With a DUI on a Boat in Chicago?
Yes. In Illinois, you can be charged with Boating Under the Influence (BUI) if you are operating or in actual control of a boat on Lake Michigan, the Chicago River, or any other body of water while impaired by alcohol or drugs. Under 625 ILCS 45/5-16, the legal limit for your BAC is 0.08%. A BUI is treated as a serious criminal offense and not just a boating violation.

What Happens After a BUI Arrest in Cook County?
After your arrest, you’ll likely be taken to a local police marine unit station or the nearest precinct. You’ll be processed, fingerprinted, and held for a bond hearing. Your first court appearance usually occurs at the Daley Center or another local courthouse in Cook County, where the judge reviews the charges and sets conditions for your release. A criminal defense attorney should be involved immediately to review the arrest and protect your rights.

Is a BUI in Illinois a Felony or a Misdemeanor?
A first-offense BUI without injury is a Class A misdemeanor. However, if the incident involves serious bodily harm, permanent disability, or death, the charge becomes a felony. A BUI resulting in serious injury may be classified as a Class 4 or Class 2 felony, and if death occurs, involuntary manslaughter charges under 720 ILCS 5/9-3 may apply.

Do I Have to Submit to a Breath or Blood Test on the Water?
Under Illinois law, boaters are subject to implied consent laws. Refusing to take a chemical test may result in penalties, including evidence of your refusal being used in court. However, your attorney can challenge the admissibility and accuracy of any test results obtained during the arrest process.

What Are the Penalties for BUI in Illinois?
A Class A misdemeanor BUI conviction can result in up to one year in jail, a fine of $2,500, and mandatory alcohol education or community service. If convicted of a felony BUI, you may face years in prison and a permanent felony record. The severity of penalties increases with prior offenses, injury to others, or high BAC levels.

Can I Still Drive My Car if I’m Convicted of BUI?
Yes, but not always. While BUI convictions don’t automatically suspend your driving privileges, a conviction can impact your license if aggravating factors are present, or if you have prior DUI-related convictions. A skilled attorney can fight to protect your driver’s license and prevent additional consequences.

What If I Wasn’t Driving the Boat When the Accident Happened?
If you were not in actual physical control of the boat at the time of the incident, you may have a strong defense. However, prosecutors often try to assign control based on witness statements or circumstantial evidence. Your lawyer must build a case proving you were not operating the vessel at the time of the accident.

Can I Get My Record Expunged After a BUI Arrest in Chicago?
If your case was dismissed or you were found not guilty, you may be eligible to have your record expunged under 20 ILCS 2630/5.2. If you were convicted, expungement is not available, but in some cases, sealing may be possible. An experienced defense lawyer can help you pursue post-conviction relief if applicable.

Will My Boat Be Confiscated After a BUI Arrest?
In most cases, law enforcement will tow and impound your boat for safety reasons. You may be responsible for storage and towing fees. However, unless the incident involves repeated offenses, felony-level harm, or illegal activity, permanent seizure of the vessel is rare.

Is BUI Considered a Prior Offense for Future DUI Charges?
Yes. Under Illinois law, a BUI conviction may be considered when determining sentencing for future DUI-related offenses. That means a BUI can increase penalties for a later DUI arrest, especially if it occurs within five years. This is why it’s critical to avoid a conviction whenever possible.

Why You Should Never Face a BUI Charge Alone

If you’ve been charged with Boating Under the Influence after a boating accident, the worst thing you can do is try to handle the case on your own. Many people assume that because the incident occurred on water rather than a roadway, it’s less serious—but prosecutors in Cook County and surrounding areas do not treat these cases lightly. The penalties are steep, the consequences long-lasting, and the process unforgiving if you’re unprepared.

At The Law Offices of David L. Freidberg, we understand how to dismantle the prosecution’s case, suppress flawed evidence, and create reasonable doubt at trial. We don’t settle for easy outcomes. We pursue results that protect your reputation, your freedom, and your future. Whether you’re facing a misdemeanor or felony charge, we stand by your side throughout every hearing, motion, and trial date.

Schedule a Free Consultation With an Experienced Chicago BUI Defense Attorney

If you’ve been arrested or charged with Boating Under the Influence after an accident on Lake Michigan, the Chicago River, or any other Illinois waterway, contact The Law Offices of David L. Freidberg today. Our firm has decades of experience defending DUI and BUI cases throughout Chicago and across Cook, DuPage, Will, and Lake Counties.

Don’t let a boating accident destroy your clean record, your job, or your future. We are available 24/7 for a free consultation and case evaluation. Call us today at (312) 560-7100 or toll-free at (800) 803-1442. Protect your rights, fight your charges, and get the legal defense you deserve—before it’s too late.

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.