Operating a boat while under the influence of alcohol or drugs can lead to a DUI for driving a boat, known as boating under the influence. Boating under the influence laws typically set the legal Blood Alcohol Concentration (BAC) limit for boaters at 0.08%, the same as the limit for drivers on the road. These laws are in place to ensure the safety of everyone on the water, since boating while impaired can result in serious accidents and even fatalities.
Contact Dodds Law Office at (309) 807-3600 for legal assistance with a BUI case.
What Is Considered Boating Under the Influence (BUI)?
Operating a boat while under the influence of drugs or alcohol, known as boating DUI or boating under the influence (BUI), is a serious offense similar to driving under the influence (DUI). BUI is illegal in all states and can lead to penalties. You may be considered to be boating under the influence if:
- Your blood alcohol concentration is 0.08 or higher, or lower if you hold a commercial license or are under 21.
- You demonstrate impairment due to drugs or alcohol, making it unsafe for you to operate the watercraft.
- You have five nanograms or more of THC per milliliter of whole blood, or 10 nanograms in other bodily substances.
- You appear to be impaired by some other intoxicating compound such as glue, cleaning agents, or gasoline, making it unsafe for you to operate the watercraft.
- You are found to have any quantity of a regulated substance, like methamphetamine, in your blood, bodily fluids, or urine.
It is possible to face a boating DUI charge even if the substance you consumed was legal, like prescription or over-the-counter medications. If the drug impaired your ability to operate your boat safely, it could result in criminal charges.
In Illinois, you can also be charged with a boating DUI, even if you weren’t actively operating the boat when stopped by law enforcement. Per state law, you can be charged with BUI if you were operating or in “actual physical control” of the watercraft.
These laws are not limited to boats and can include other watercraft and vessels, such as motorboats, water skis, jet skis, kayaks, paddle boats, hydroplanes, and diver propulsion vehicles.
Detection Methods
Law enforcement has the authority to stop vessels if they suspect the operator is impaired. When obtaining boating privileges, most states imply consent for sobriety tests. Refusing these tests can result in immediate consequences, including fines and extended loss of boating licenses and registration.
Like roadside DUI checkpoints, law enforcement officials may establish BUI checkpoints on the water to question and check boat operators for impairment. The weekends of Memorial Day, the Fourth of July, and Labor Day see an increase in patrols as these are the deadliest weekends for boaters due to the prevalence of intoxicated operators.
A mix of observational methods and scientific testing is used. Trained law enforcement officers look for signs of impairment like erratic boating behavior, slurred speech, and the smell of alcohol. Officers may administer field sobriety tests tailored for the marine environment if impairment is suspected, evaluating balance, coordination, and cognitive function.
Officers can also utilize breathalyzers and other testing devices to assess a boater operator’s BAC. Breathalyzers are frequently employed due to their quick results and non-intrusive nature. In certain situations, blood or urine tests might be conducted to identify drug presence, offering solid proof of impairment.
By using a combination of both observational techniques and scientific testing, law enforcement officers can detect and deter impaired boating, thereby enhancing boating safety and sobriety on the water.
BUI and Boating Accidents
While BUI statistics show fewer accidents than DUI statistics in Illinois, there were still 70 boating accidents in 2023, with 23 people arrested for BUI. Around one-third of all fatal boating accidents involve individuals under the influence of alcohol. Alcohol is the primary contributing factor in boating-related fatalities. Due to alcohol and drug-related boating injuries and deaths, many state legislatures have implemented and strengthened their laws regarding boating under the influence (BUI). With boating accidents and injuries increasing during warmer weather, reviewing boating safety regulations and knowing how BUI laws can impact you is crucial.
The U.S. Coast Guard emphasizes that “alcohol poses greater risks on water than on land.” Various factors such as heat, sun exposure, increased noise, wind, glare from the water, heightened risk of dehydration, and the motion of a boat can affect a boat operator’s physical and mental capabilities while on the water. These factors can contribute to what is commonly known as boater’s fatigue. They can also intensify the effects of intoxication, making boating, swimming, and using other watercraft more perilous.
Effects of Alcohol While Boating
When individuals consume alcohol, it can have physical effects that pose direct risks to the safety and welfare of people on the water. These effects include:
- Thinking and decision-making abilities decline, making it more challenging to process information, evaluate situations, and make sound decisions.
- Physical coordination is compromised, leading to issues with balance, coordination, and slower reaction times.
- Vision is impacted, resulting in reduced peripheral vision, depth perception, night vision, poor focus, and difficulty distinguishing colors, especially red and green.
- Inner ear disturbances can cause disorientation, making it difficult for someone who falls into the water to determine up from down.
- Alcohol creates a sensation of warmth, potentially delaying a person’s response to cold water and increasing the risk of hypothermia.
As a result of these factors, a boat operator with a blood alcohol concentration above .10% is estimated to be more than 10 times as likely to die in a boating accident than an operator with zero blood alcohol concentration. Passengers are also at increased risk for injury and death – especially if they are also using alcohol.
Operating a vessel under the influence raises the likelihood of accidents and injuries on the water. Impaired boaters experience decreased reaction times, impaired judgment, and reduced coordination, all of which can result in hazardous situations. For instance, an impaired boater may have difficulty navigating through busy waterways, leading to collisions with other vessels or stationary objects. Moreover, the effects of alcohol can be worsened by the marine environment, where factors such as sun exposure, wind, and motion can amplify impairment.
The impact of BUI goes beyond the impaired boater to include passengers and other waterway users. Passengers on a vessel operated by an impaired boater face a higher risk of injury or fatality in the event of an accident. Other boaters and swimmers in the area are also at risk due to the unpredictable behavior of an impaired operator. Case studies and statistics underscore the devastating consequences of BUI-related accidents, emphasizing the importance of adhering to BUI laws and promoting safe boating practices.
Preventative Measures
Engage in boating, fishing, and water sports without alcohol to avoid dangers. Instead, bring along a variety of refreshing non-alcoholic drinks such as sodas, water, iced tea, lemonade, or non-alcoholic beer. Ensure you have plenty of food and snacks, wear appropriate clothing to stay cool, and plan your trip to avoid fatigue, as the water can tire you out more quickly.
If you wish to include alcohol in your day’s plans, consider having a party ashore at a safe location where you can allow enough time to pass before operating a vehicle. When drinking alcohol with a meal, wait a reasonable amount of time (estimated at a minimum of an hour per drink) before operating your boat.
Remember that having no alcohol while aboard is the safest way to enjoy the water, as intoxicated passengers are at risk of injury and falling overboard. Spread awareness about the risks of Boating Under the Influence (BUI) and emphasize the importance of safe and responsible boating practices.
To prevent BUI, designate a sober operator before heading out on the water. This person should refrain from consuming alcohol or drugs to ensure safe vessel operation. Boaters can also set personal alcohol limits, monitor their consumption, and use technology and apps to track their Blood Alcohol Content (BAC) to make informed decisions about their ability to operate a vessel.
Can You Get a DUI for Driving a Boat While Drinking in Illinois?
You can receive a boating DUI, or BUI, leading to misdemeanor or even felony charges if you are found to be operating a boat while under the influence of alcohol or drugs. Although there are similarities between BUI and a normal DUI in terms of legal treatment and penalties, there are also key differences. Both offenses pertain to the operation of a vehicle while under the influence of alcohol or drugs, and both have severe legal ramifications, such as fines, imprisonment, and license suspension.
However, the enforcement of BUI laws may vary due to the challenges posed by the marine environment. For instance, field sobriety tests for boaters may be adjusted to accommodate the vessel’s motion, and law enforcement officers may employ different observational methods to identify impairment.
Although there are distinctions, the outcomes of BUI and DUI are frequently alike. Both infractions can lead to a criminal record, higher insurance costs, and lasting effects on personal and professional life. Moreover, individuals who re-offend may face harsher penalties for both BUI and DUI, underscoring the significance of staying within legal limits and refraining from operating any vehicle while impaired. Recognizing the parallels and disparities between BUI and DUI can empower individuals to make prudent decisions and effectively maneuver the legal terrain
Penalties for a Boating DUI
The first offense for boating under the influence is considered a Class A misdemeanor and carries a penalty of up to 364 days in jail, a $2,500.00 fine, and mandatory court costs. This charge could be escalated if there are prior convictions, supervisions, reckless driving dispositions, or other aggravating factors present. Examples of aggravating factors include:
- Boating or operating another watercraft while your license for operating a vessel is suspended or revoked
- Operating a boat or other watercraft with a minor onboard while under the influence
- Getting involved in accidents resulting in great bodily harm or a fatality
These factors can enhance or aggravate a DUI charge. In a boating DUI, the charge and penalties can be increased as outlined below:
Second Offense
The offense is classified as a Class 4 felony, carrying a sentence of up to 3 years of imprisonment and a maximum fine of $25,000.
BUI While Watercraft License Is Suspended or Revoked
Committing this offense is considered a Class 4 felony, which can result in a prison sentence of up to 3 years along with a maximum fine of $25,000.
BUI Resulting in Serious Injury
This is classified as a Class 4 felony, carrying a minimum sentence of 1 year and a maximum sentence of 12 years in prison. Serious injury includes permanent disability, great bodily harm, or disfigurement.
BUI Resulting in Death
The offense is classified as a Class 2 felony, which carries a sentence of 3 to 14 years in prison and fines of up to $25,000.
If a BUI occurs with a minor under 16 on the watercraft, there is a minimum fine of $500.00 and 5 days of community service in a program benefiting children.
If you’re convicted of BUI, you could face imprisonment, fines, and court expenses. Additionally, the Department of Natural Resources may suspend your watercraft operating privileges. For a first-time offender, a misdemeanor boating DUI may result in a 1-year suspension of your watercraft license, while a felony boating DUI could lead to a 3-year suspension.
By operating a vessel on Illinois waters, you have given “implied” consent to alcohol or drug testing if arrested for operating under the influence. Refusal to submit to testing will result in the loss of vessel operating privileges for a period of two years.
Personal and Professional Consequences
A BUI conviction’s personal and professional impacts can be lasting. On a personal level, a BUI charge can harm an individual’s reputation and strain relationships with loved ones. The stigma of a criminal record can lead to social isolation and emotional distress. Furthermore, losing boating privileges can restrict recreational activities and limit opportunities for socializing and relaxation.
Professionally, a BUI conviction can have serious consequences, particularly for those working in the commercial boating industry. Employers in maritime fields often have strict policies regarding alcohol and drug use, and a BUI conviction can lead to job loss or difficulty finding new employment. The long-term impact of boating privileges can also hinder career progression and limit professional development opportunities. Recognizing the personal and professional implications of a BUI conviction emphasizes the importance of following BUI laws and promoting safe boating practices.
When Should You Hire a DUI Lawyer?
After getting arrested or stopped for suspicion of BUI, you should seek the assistance of a DUI attorney as soon as possible. An attorney can offer guidance on the best course of action and support you in building a strong defense against the allegations. Having a BUI lawyer by your side can impact the outcome of your case. An attorney might be able to mitigate your charges or even have them dropped.
Retaining a lawyer as soon as you are stopped or arrested increases your chance of a successful defense. Early intervention allows your attorney to spend more time constructing your defense strategy. Having an attorney early on also prevents you from making incriminating statements.
BUI Defense Strategies
There are various defenses for BUI, such as:
- Establishing Probable Cause: A lawyer can review all evidence to determine if the arresting officer had a valid reason to question your sobriety, which can significantly weaken the case if probable cause is lacking.
- Officer’s Conduct: If the officer’s behavior was aggressive or unprofessional during questioning and the subsequent arrest, or didn’t respect your rights when arrested, it can strengthen your defense.
- Impact of Medical Conditions: A medical condition that affects your behavior could lead to reduced charges. For instance, a condition like vertigo, affecting balance, could cause you to fail a sobriety test despite the fact that you are sober.
- Influence of Medications: Some prescribed medications can impact blood and chemical tests, leading to inaccurate BAC readings. Providing a record of your medication to the court can support your defense.
- Environmental Factors: Natural elements, such as boat movements or prolonged sun exposure, can make an operator appear impaired. Law enforcement may misinterpret watery eyes or an unsteady gait as signs of intoxication when there is none.
If you’re facing charges for boating under the influence, seek legal representation from a DUI defense attorney who has experience in boating-related offenses. A lawyer experienced in defending both DUI and BUI cases can assist you in understanding your rights and legal options when accused of boating while intoxicated. Contact us at Dodds Law Office for assistance with your BUI case.+