In Chicago, boating is a favorite pastime during warmer months. With access to Lake Michigan and numerous other waterways, residents and tourists alike take to the water to relax, celebrate, and enjoy the sun. Unfortunately, the mix of alcohol and boating—while often socially accepted—can quickly result in criminal charges. One of the most common and misunderstood charges is Boating Under the Influence (BUI). And when everyone on board has been drinking, confusion escalates: Who can be charged if no one admits to being the operator?
Under Illinois law, the answer is more complicated than most expect. The statute governing BUI doesn’t require clear evidence that someone was actively driving the boat at the time of the stop. In fact, you can be charged simply by being in actual physical control of the vessel—even if it wasn’t in motion. In situations where multiple passengers have consumed alcohol, law enforcement often builds cases on circumstantial evidence and witness statements. And if you think refusing to speak or cooperate will protect you, it could actually put you at greater risk if others speak up first.
As a BUI defense attorney in Chicago with decades of courtroom experience, I’ve defended many clients arrested during what they thought was a harmless boat ride with friends. These cases often begin as simple safety checks and quickly escalate into full-blown criminal investigations.
Illinois BUI Law: Broad Language That Gives Police Wide Discretion
The law governing Boating Under the Influence in Illinois is found in 625 ILCS 45/5-16. The statute prohibits operating or being in actual control of any watercraft while under the influence of alcohol, drugs, or intoxicating compounds. The law mirrors many aspects of the Illinois DUI statute (625 ILCS 5/11-501), including the .08 BAC threshold.
Unlike a car, a boat doesn’t need to be moving for you to be considered “operating” it. If the keys are in the ignition, the engine is running, or you are seated at the helm—even if the boat is anchored or drifting—you can be accused of being in control. The problem becomes even murkier when everyone on board has been drinking. If no one volunteers to say who was driving, officers may base their decision on positioning, observations, or even random questioning.
First-time BUI charges are typically classified as Class A misdemeanors, punishable by up to one year in jail, a $2,500 fine, and mandatory alcohol education. The penalties increase sharply if someone is injured or if there are prior convictions. In serious cases, BUI charges may be upgraded to felonies under 720 ILCS 5/9-3 (Reckless Homicide) or 720 ILCS 5/12-3.05 (Aggravated Battery).
How Police Investigate a Boat Full of Drunk Passengers
Law enforcement agencies—including the Illinois Conservation Police and local marine units—can stop your boat for almost any reason. Unlike a car on a roadway, where a police officer generally needs probable cause or reasonable suspicion, boats are subject to random safety checks under maritime law and Illinois regulations. These inspections may begin with a request to check life jackets or equipment and quickly shift into an investigation for alcohol consumption.
If everyone on board appears to be intoxicated, officers will begin looking for clues to determine who was in control. This might include who was nearest the controls, who was seen operating the vessel earlier, or even whose personal items are located at the helm. Passengers are often questioned separately. If one person implicates another, law enforcement may treat that as sufficient evidence to make an arrest—even if it’s later contradicted in court.
Physical signs like bloodshot eyes, slurred speech, open containers, or unsteady movement may be used as evidence of impairment. And while field sobriety tests may be administered, their reliability on a moving or bobbing boat is questionable. A failed field sobriety test on water can be caused by the vessel’s motion or lack of balance—not intoxication. Still, officers will document the results and use them to support the arrest.
Real Case Example: The Consequences of Being Too Close to the Helm
A client I represented was out on Lake Michigan with four friends. They had anchored the boat near Montrose Harbor to enjoy an afternoon of grilling and drinks. When a marine patrol unit stopped to perform a routine safety inspection, all five passengers had been drinking. No one admitted to operating the boat, and the engine was off.
However, my client was seated near the wheel, and the keys were hanging in the ignition. He was cooperative but refused to answer direct questions about who had driven the boat. Based solely on his position and the presence of alcohol, he was arrested for BUI.
At trial, we challenged the state’s claim that he was in “actual physical control.” There was no evidence that he had operated the vessel while impaired, and no one, including officers, had seen him driving. We introduced evidence that another passenger had navigated the boat earlier in the day. After filing a motion to suppress based on unlawful arrest, the case was dismissed.
That case highlights a crucial lesson: Just being closest to the wheel can be enough to face criminal charges—even if you weren’t driving.
What Prosecutors Must Prove in Illinois BUI Cases
To convict someone of BUI, the prosecution must prove beyond a reasonable doubt that the defendant was either operating or in control of a watercraft and was impaired by alcohol or drugs. Evidence often includes:
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Police body cam or marine unit video
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Photos of the scene
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Open containers of alcohol
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BAC test results
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Field sobriety test performance
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Eyewitness testimony
When officers don’t have direct evidence of operation, they will rely heavily on circumstantial facts and statements made by passengers. This is where an experienced defense attorney makes all the difference.
Why You Need a Trial Attorney for a BUI Charge
Even if you’re planning to accept a plea deal, your case will only be treated seriously by the prosecutor if you are represented by a defense attorney with trial experience. Prosecutors know which attorneys prepare aggressively, file pretrial motions, and aren’t afraid to go to trial. That’s leverage—and leverage matters.
At The Law Offices of David L. Freidberg, we build each case as if it’s going to trial. That means conducting our own investigation, filing suppression motions, challenging field sobriety testing, and consulting with toxicology experts. Our presence in court tells prosecutors they’ll have to work for every conviction.
Possible Legal Defenses in a BUI Case Where Everyone Was Drinking
Not all BUI cases are created equal. In scenarios where multiple passengers are drinking, key defenses may include:
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No proof of operation or control
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Faulty or unreliable BAC testing
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Involuntary statements or Miranda violations
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Absence of reasonable suspicion for the stop
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Improper administration of field sobriety tests
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Witness testimony contradicting law enforcement claims
We’ve used each of these strategies to get cases dismissed, reduced, or won at trial. You don’t need to prove you weren’t impaired—the state must prove you were, and that you were in control.
Questions to Ask in a BUI Consultation
If you’re facing a BUI charge in Chicago, ask any prospective attorney:
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Have you handled BUI cases before?
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Do you have trial experience in DUI and BUI cases?
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What defenses might apply to my case?
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Will you file suppression motions?
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What outcomes have you secured in similar cases?
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How will you keep me informed?
These are the questions that help you separate experienced legal representation from passive plea bargaining.
Why You Need The Law Offices of David L. Freidberg On Your Side
When everyone on the boat has been drinking, and no one steps forward to admit guilt, law enforcement often grabs the low-hanging fruit. That could mean charging the person closest to the wheel, the person who made a careless comment, or the one who cooperated first.
Without an attorney, your rights, freedom, and record are at risk. At The Law Offices of David L. Freidberg, we defend against these charges with skill, strategy, and a record of courtroom success.
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.