Who Gets A BUI In Illinois If Everyone On The Boat Has Been Drinking Alcohol?

Understanding Boating and Alcohol Laws in Chicago, Illinois

Chicago is home to miles of shoreline, vibrant lakeside communities, and a boating culture that thrives during the summer months. Whether it’s cruising Lake Michigan or spending the weekend on the Chain O’Lakes, Illinois residents enjoy the water. But mixing boating with alcohol can quickly result in criminal charges, and most people don’t realize how aggressively Illinois law treats Boating Under the Influence (BUI).

Many assume that if everyone on board has been drinking, no single person can be charged. That’s simply not true. Under Illinois law, BUI charges don’t require a high-speed chase, reckless behavior, or even a motorized boat in some cases. The consequences of a BUI conviction are serious, and the law can hold multiple people responsible under certain circumstances. That’s why it’s essential to understand how Illinois BUI statutes work and why hiring a DUI attorney with criminal trial experience is important—even if you think your case will never reach a courtroom.

At The Law Offices of David L. Freidberg, we defend clients across Chicago, Cook County, and the surrounding counties who are charged with BUI and other alcohol-related offenses. Whether you’re accused as the operator, co-owner, or even a designated driver on the boat, we know how to fight these charges aggressively.

Illinois BUI Statutes: Who Can Be Charged When Everyone’s Been Drinking?

Boating Under the Influence is covered under 625 ILCS 45/5-16, which makes it a crime to operate or be in actual physical control of any watercraft while under the influence of alcohol, drugs, or a combination of both. The statute mirrors Illinois DUI law, applying similar standards for blood alcohol concentration (BAC) levels. A BAC of .08 or higher creates a presumption of impairment, but someone can still be charged with a lower BAC if their ability to operate the boat is impaired.

The law defines “operation” broadly. If you’re at the helm, steering, adjusting the throttle, or even sitting in a running boat with keys in the ignition, you may be considered to be in control. If law enforcement cannot determine who was operating the vessel, they may investigate everyone who was on board.

A first offense is typically charged as a Class A misdemeanor, carrying penalties of up to 364 days in jail, fines up to $2,500, and mandatory alcohol education. If an accident occurs resulting in serious injury or death, the charge may be elevated to a Class 4 felony or higher under 720 ILCS 5/12-5 (Aggravated Battery) or 720 ILCS 5/9-3 (Reckless Homicide).

When officers approach a vessel and determine everyone has been drinking, they may focus on who was behind the wheel—or they may charge the person who admits to operating the boat, even briefly. In some cases, the owner of the vessel may be charged under complicity theories, especially if they handed the keys to an impaired individual.

Learn more about the nuances of Illinois DUI-related laws here:
https://www.chicagocriminallawyerblog.com

How BUI Investigations Begin on the Water

In Illinois, the Department of Natural Resources (IDNR), Illinois State Police, and local law enforcement can stop a vessel for any number of reasons: safety checks, equipment violations, erratic operation, or anonymous complaints. Once stopped, officers look for signs of alcohol use—open containers, bloodshot eyes, slurred speech, or the smell of alcohol.

Unlike traffic stops on land, probable cause is not always required for initial boat inspections. This can lead to increased scrutiny when alcohol is suspected. If officers believe someone is impaired, they may conduct field sobriety tests, which are far less reliable on boats due to instability and environmental factors. They may also request a breath test or attempt to establish who had control of the boat.

If no one admits to operating the vessel, law enforcement may detain everyone on board and begin separating them for questioning. A person may be charged with BUI based on eyewitness accounts, statements made to police, physical evidence, or admission of control—even if they were only steering briefly.

If you’re arrested, you may be taken ashore, booked at a local precinct, and held for bond court. The case then proceeds to arraignment and pretrial hearings, just like any other criminal case in Illinois.

Example Case: Defense Strategy for an Alleged BUI Operator

A recent client of ours was charged with BUI after being stopped near Burnham Harbor in Chicago. The IDNR approached his pontoon boat because it was operating after dark without navigational lights. Everyone on board had been drinking, and our client was seated near the helm. Although he claimed he hadn’t driven the boat since they left the dock, officers assumed he was in control.

We challenged the case aggressively, starting with a motion to suppress statements made before Miranda warnings were issued. We also raised a motion attacking the reliability of the field sobriety tests conducted on the water, using an expert witness to demonstrate how balance and coordination are impaired by the motion of the vessel.

Through diligent cross-examination, we revealed inconsistencies in the officers’ reports, including conflicting observations about who was seen operating the boat. The prosecution ultimately offered a reduction to a local ordinance violation, which kept our client’s criminal record clean.

What Evidence Do Police Use in Illinois BUI Cases?

Law enforcement may rely on a wide range of evidence to support a BUI charge, including breathalyzer results, witness testimony, video from marine units, admissions made by the defendant, and the presence of alcohol or drugs on board.

Because field sobriety tests are often compromised by environmental conditions on the water, courts sometimes place less weight on them. Still, prosecutors will try to support their case with circumstantial evidence—like who was seated closest to the controls or whether someone’s personal belongings were near the wheel.

Photos, videos taken by witnesses, and even GPS or boat tracking systems may also be used. Statements made in casual conversation, even before Miranda warnings, can become key pieces of evidence. That’s why it’s critical to remain silent until you speak to your attorney.

The Criminal Process After a BUI Arrest

After the arrest, your first court date will likely be an arraignment, where you’ll enter a plea. From there, the process moves through pretrial motions, discovery, evidentiary hearings, and possibly trial. Illinois prosecutors may offer deals early in the case, but accepting a plea without understanding the long-term consequences can be a costly mistake.

A criminal conviction, even for a misdemeanor BUI, creates a permanent criminal record that can affect employment, insurance, professional licenses, and more. Felony BUI convictions may result in prison, probation, community service, or mandatory treatment programs. Some penalties can increase if minors were on board, or if your boating privileges had previously been suspended.

Why Trial Experience Matters—Even if Your Case Doesn’t Go to Trial

Prosecutors treat defense attorneys differently depending on whether they’re known to take cases to trial. Trial attorneys push for full discovery, challenge questionable evidence, and hold the prosecution accountable. Even if you don’t plan to go to trial, having a seasoned attorney on your side can significantly improve your leverage in negotiations.

Our team at The Law Offices of David L. Freidberg is known throughout Chicago and the surrounding counties for our trial readiness. We prepare every case as if it were going to court. That pressure alone can lead to more favorable results for our clients.

Potential Legal Defenses to BUI Charges

Each BUI case is unique. Common defenses include lack of proof of operation, unreliable field sobriety tests, unlawful stop or detention, and improper administration of breath tests. If the prosecution cannot prove beyond a reasonable doubt that you were in control of the vessel while impaired, the case may not survive.

We also examine Fourth and Fifth Amendment violations, chain of custody issues, and forensic errors. With proper investigation, many BUI cases can be reduced, dismissed, or fought at trial.

What to Look for in a Chicago Criminal Defense Lawyer

The lawyer you choose should have proven experience in DUI and BUI cases, familiarity with local court procedures, and a track record of courtroom success. Ask about trial experience, prior outcomes in BUI cases, and how frequently the lawyer handles boating offenses. Make sure your attorney is accessible and provides a detailed strategy during your initial consultation.

What to Ask in Your Free Consultation

You should ask: Who will handle my case? What defenses do you see based on my facts? Have you handled BUI cases in this county before? What are the next steps? Will you file motions before trial? What is the possible timeline and outcome?

Chicago BUI Defense FAQs

Can I get a BUI if I wasn’t driving the boat?
Yes. If you are found to be in actual physical control of the vessel, you can be charged—even if the boat wasn’t moving.

Is a BUI a felony in Illinois?
A first-time BUI is typically a misdemeanor. However, if serious injury or death results, or if you have prior offenses, it may become a felony.

Can I lose my boating privileges for a BUI?
Yes. Conviction may result in suspension or revocation of your boating privileges through the Illinois Department of Natural Resources.

Are field sobriety tests valid on boats?
They are often challenged due to poor footing and boat movement. Your attorney may move to suppress these tests if conditions were unfair.

Do I have to take a breathalyzer on the water?
Refusing a breath test can result in civil penalties and be used against you in court, but it’s not mandatory. You have the right to speak to a lawyer first.

Where will my case be heard in Chicago?
Most BUI cases in Chicago are heard in Cook County Circuit Court, often in the Daley Center or other criminal court branches depending on jurisdiction.

What are the long-term consequences of a BUI conviction?
A conviction remains on your criminal record, may increase insurance premiums, affect your job, and limit future licensing or educational opportunities.

Why You Need a Defense Lawyer for a BUI Case in Illinois

The consequences of a BUI conviction are far-reaching. Without a defense lawyer, you are risking jail time, criminal records, and loss of boating privileges. Prosecutors may try to make an example of boaters to deter others, especially after high-profile boating accidents.

At The Law Offices of David L. Freidberg, we have decades of courtroom experience and a reputation for fighting every case like it matters—because it does. We protect your rights, your future, and your freedom.

Call The Law Offices of David L. Freidberg for Aggressive BUI Defense

If you or someone you know has been charged with Boating Under the Influence in Chicago or the surrounding counties, don’t wait. Call an experienced criminal defense attorney who knows how to challenge the evidence and fight the charges.

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.