Chicago Criminal Lawyer Blog
The Hidden Consequences of a BUI Arrest and How to Protect Your Freedom
Chicago is known for its skyline, deep-dish pizza, and unbeatable summer weekends along the lakefront. But if you were boating and a crash happened—especially if someone was hurt—and police later arrested you for operating under the influence, your life may have just taken a hard turn. Even if you had just one drink, the criminal charge of Boating Under the Influence (BUI) in Illinois carries serious consequences that go far beyond a typical citation or ticket.
Unlike a civil boating violation, a BUI is a criminal offense. If the accident resulted in property damage or injury, you could be facing jail time, license restrictions, and a lifelong criminal record. Worse yet, many of the defenses that might apply to DUIs in cars don’t easily translate to the unpredictable conditions of a moving boat on the water.
Let’s explore how these charges work in Illinois, what the law says, and what you need to do right now to fight back—and why having a criminal defense attorney from The Law Offices of David L. Freidberg can make all the difference.
How Illinois Law Defines BUI After a Boating Incident
Illinois law doesn’t limit DUI enforcement to just roads and vehicles. Under 625 ILCS 45/5-16, any person operating or in control of a boat or watercraft while impaired can be charged with Boating Under the Influence. This includes not only motorboats but also sailboats, jet skis, and even small recreational vessels.
If you were involved in a boating accident, law enforcement officers—often from the Illinois Conservation Police or local marine units—will assess whether drugs or alcohol may have contributed. If they believe your judgment or coordination was affected, they’ll conduct a criminal investigation, which could involve field sobriety tests, portable breath tests, and eventually arrest.
Legal thresholds include:
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A BAC of 0.08% or higher
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Impairment due to cannabis, controlled substances, or prescription drugs
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Any impairment that affects your ability to safely operate a boat
This is where it gets serious. A simple Class A misdemeanor applies when no injuries occur, but if another person is injured or dies in the boating accident, prosecutors may file felony charges under additional statutes like 720 ILCS 5/12-3.05 (aggravated battery) or 720 ILCS 5/9-3 (involuntary manslaughter).
BUI Cases Involving Injury or Death: The Stakes Are Higher Than You Think
If someone was injured in the accident—whether it was a passenger, another boater, or even someone on shore—Illinois law allows for enhanced penalties. Even a first-time BUI with injury may be charged as a Class 4 felony, which carries one to three years in prison.
In more serious cases, such as those involving great bodily harm, disfigurement, or death, prosecutors may file Class 2 felony charges. These can result in three to seven years in state prison, not to mention fines of up to $25,000 and court-ordered treatment programs. The courts view these charges no differently than vehicular homicide or aggravated DUI cases.
That’s why it’s essential to avoid statements to law enforcement without representation. You may be blamed for an accident you didn’t cause—or face intoxication assumptions based on flimsy evidence. One mistake or assumption by an officer can escalate your case from a misdemeanor to a life-altering felony.
Why the Evidence in Boating DUIs Is Often Flawed
Unlike DUI traffic stops, where officers pull over drivers on solid ground and use standardized procedures, BUI arrests usually take place on unstable docks or boats still bobbing in the water. That means field sobriety tests may be conducted in poor lighting, amid panic, or in unsafe conditions.
Additionally, the physical impact of a boating accident itself—bruises, fatigue, disorientation—can mimic signs of intoxication. Officers often misinterpret these symptoms as impairment. When blood or breath tests are later conducted, they may be tainted by time delays or by testing devices that were never designed for marine enforcement.
In one recent case we handled, the officer waited nearly two hours before administering a breath test back at shore. We were able to demonstrate that our client had consumed alcohol after the boating accident, not before, while trying to calm his nerves. That alone created enough doubt for the case to be dismissed.
These kinds of issues are why fighting the evidence in BUI cases is absolutely essential.
What Happens After You’re Arrested for BUI in Cook County or the Surrounding Areas?
Once arrested, you’ll be processed and held for a bond hearing. You may be released on recognizance, or in more serious cases, bond may be set by a judge. Your criminal case will move quickly from there, especially in counties like Cook, DuPage, Lake, or Will, where prosecutors are under pressure to act swiftly in alcohol-related injury cases.
The court process typically includes:
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Preliminary hearings to determine if probable cause exists
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Discovery where both sides exchange evidence
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Pretrial motions to suppress evidence, challenge the arrest, or dismiss charges
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Trial before a judge or jury, where the prosecution must prove guilt beyond a reasonable doubt
During this time, the court may also order drug and alcohol evaluations, restrict boating or driving privileges, or impose curfews.
If you don’t have a defense attorney representing you at every stage, your rights could be overlooked, deadlines missed, and favorable evidence ignored.
Can These Charges Ever Be Dismissed or Reduced?
Yes. We’ve helped clients get BUI charges dismissed, reduced, or resolved without convictions by using key strategies, such as:
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Disputing the legitimacy of the stop
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Demonstrating that test results were unreliable or improperly administered
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Challenging witness statements and officer reports
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Showing that injuries were caused by another vessel or person
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Proving you were not the person operating the vessel at the time
These cases are highly fact-specific. With early intervention, your defense attorney can preserve critical evidence, interview witnesses, and work with independent experts to counter the State’s theory of the accident.
What to Expect from The Law Offices of David L. Freidberg
David L. Freidberg is not just another name in a directory. Our firm takes each case personally and pushes back aggressively on every piece of evidence used against you. We are fully prepared to try your case if the prosecution refuses to negotiate.
We also understand how the court systems in Chicago and surrounding counties function. We use that insight to anticipate prosecutor tactics, push for favorable outcomes, and—when possible—help you avoid court altogether through negotiated resolutions or diversion programs.
You deserve more than a defense. You deserve someone who will fight for the full truth and demand a result that protects your future.
Don’t Wait — The Sooner You Act, the Better the Outcome
The first 72 hours after a BUI arrest are crucial. Witnesses forget, security footage is deleted, and statements you give without counsel can hurt your defense later. The longer you wait to bring in a lawyer, the harder it is to put together a winning strategy.
If you’ve been accused of boating under the influence after an accident—don’t risk your future by going it alone.
Free Consultation Available 24/7
At The Law Offices of David L. Freidberg, we are available around the clock to speak with you or a loved one. We’ve successfully defended hundreds of DUI and BUI cases throughout Illinois, including in Cook County, DuPage County, Will County, and Lake County.
If you were arrested in Chicago for BUI, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling BUI and 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.
