Chicago Criminal Lawyer Blog
It’s a warm weekend afternoon, and you’re enjoying time with friends on your boat near Chicago’s lakefront. Everything seems peaceful until you see flashing blue lights approaching from another vessel. Minutes later, you’re pulled over, questioned, and eventually arrested for Boating Under the Influence (BUI). You weren’t speeding. You didn’t hit anything. So how did this happen—and who exactly had the right to stop you?
This is a situation that happens all too often. In fact, BUI charges in Illinois frequently stem from ambiguous or overly aggressive enforcement actions. Understanding who has the legal authority to stop your boat, what powers they actually have, and how to defend yourself when accused is essential. At The Law Offices of David L. Freidberg, we’ve been defending BUI and DUI cases in Chicago for decades, and we’ve seen firsthand how easy it is for these cases to spiral out of control without proper legal representation.
Who Can Legally Stop a Boat in Illinois?
Illinois waterways—especially around Chicago—are patrolled by a variety of law enforcement bodies. Each has overlapping jurisdiction depending on the location and circumstances. Among the agencies that regularly stop boaters are:
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The Illinois Department of Natural Resources (IDNR) Conservation Police
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The Chicago Police Marine Unit
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County sheriff’s deputies patrolling inland lakes and rivers
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The U.S. Coast Guard, particularly on Lake Michigan
These officers are permitted to stop your boat under 625 ILCS 45/5-16, which gives them the right to conduct safety checks, verify registrations, and inspect for compliance with state boating laws. Importantly, they do not need to observe erratic driving or have probable cause to begin a stop—they can legally initiate contact under the guise of a “safety inspection.”
That said, once the stop transitions from safety inspection to criminal investigation for BUI, certain constitutional protections kick in. This is where many BUI arrests become vulnerable to challenge.
When a Stop Turns Into a BUI Investigation
If an officer observes open containers, smells alcohol, or sees behavior they interpret as impairment, they can escalate a routine safety inspection into a full BUI investigation. Suddenly, what was supposed to be a routine encounter turns into a high-stakes criminal matter.
Illinois law prohibits the operation of a watercraft while under the influence of alcohol or drugs, and a BAC of 0.08 or higher is considered per se impairment under 625 ILCS 45/5-16(a). However, officers can also charge you with BUI even with a lower BAC if they claim your abilities were diminished.
Common signs cited by law enforcement include:
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Slurred speech
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Bloodshot eyes
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Swaying or imbalance on deck
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Confusion when responding to questions
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Smell of alcohol on breath
The officer may ask you to perform field sobriety tests (notoriously unreliable on a rocking boat) or request a preliminary breath test (PBT). A refusal to take a breath or chemical test triggers the implied consent provision under 625 ILCS 45/5-16c, resulting in automatic suspension of boating privileges for up to two years.
How Overlapping Jurisdictions Lead to Over-Policing
One of the biggest issues we’ve seen is the lack of clarity in jurisdictional authority. On popular boating days, it’s not uncommon for two or three agencies to be on the same body of water. A Chicago boater on Lake Michigan might be stopped by the Coast Guard, then handed over to CPD, who then calls IDNR to complete the chemical test.
This handoff between agencies creates room for procedural errors. Chain of custody for evidence can be broken. Paperwork becomes inconsistent. Statements made without Miranda warnings are entered into record. We’ve successfully argued motions to suppress evidence based on these types of enforcement errors—resulting in dismissed or drastically reduced charges.
A strong criminal defense attorney will identify when your rights were compromised during this patchwork enforcement approach. Without legal guidance, though, most people won’t even realize their constitutional rights were violated.
Real Case Example: Illegal Stop Thrown Out
One of our clients was stopped while operating a pontoon boat in Cook County. The arresting officer claimed to be performing a “routine check,” but his report later stated that the stop occurred after observing the boat “drifting.” No unsafe maneuvers were alleged. No evidence of erratic operation existed. The stop escalated to a BUI charge when the officer saw beer cans onboard.
Our firm challenged the legitimacy of the stop. We presented testimony that the officer’s claim of “drifting” was part of normal boating behavior for anchoring in a no-wake zone. We argued that no probable cause existed and filed a motion to suppress all evidence obtained as a result of the unlawful stop.
The judge agreed. The entire case was dismissed.
This is why it’s vital to work with a criminal defense lawyer who knows the law inside and out—and isn’t afraid to challenge the process.
The Impact of a BUI on Your Criminal Record
A conviction for BUI can be devastating. Even a first-time offense is a Class A misdemeanor, punishable by up to one year in jail, a $2,500 fine, and suspension of boating privileges. If the incident involves a child passenger, an accident, or serious injury, charges escalate to a felony, carrying prison time and permanent felony records.
Your record matters—especially in Chicago and the surrounding counties. A BUI conviction may impact:
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Employment background checks
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Insurance rates (both marine and auto)
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Professional licensure
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Immigration consequences
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Family court proceedings or custody cases
What starts as a boating charge can follow you long after your case ends. That’s why fighting back isn’t just an option—it’s a necessity.
How the Criminal Case Moves Forward in Illinois
After arrest, your case will be prosecuted by the State’s Attorney in the county where the offense occurred. In Chicago, that’s usually Cook County. You’ll be assigned a court date for arraignment and begin a process that may include pretrial motions, discovery, hearings, and potentially a trial.
Without a lawyer, you may find yourself pressured to plead guilty or accept a “deal” that still leaves you with a record. We approach every case aggressively from day one, starting with challenging the basis for the stop and any evidence collected unlawfully.
At every stage—from arrest to motion hearings to negotiations—we protect your rights, examine the flaws in the prosecution’s case, and pursue every opportunity to get the charges dropped or reduced.
Legal Defenses That Work in BUI Cases
Not all BUI charges are defensible in the same way. We use multiple strategies depending on the facts:
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Unlawful stop or boarding: If no valid reason existed for the safety check or stop, we can seek dismissal.
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Invalid field sobriety tests: Balance tests on boats are unreliable and not standardized.
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Improper chemical test administration: Testing must comply with administrative rules, and we examine all logs and procedures.
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Constitutional violations: Any questioning without Miranda warnings can taint the evidence.
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Lack of probable cause for arrest: We scrutinize the officer’s report to test whether they legally had the grounds to arrest.
Our clients benefit from our courtroom experience, aggressive strategy, and understanding of Illinois boating laws. Whether in Cook, DuPage, Lake, or Will County, we’ve built defenses that get results.
Why You Should Choose The Law Offices of David L. Freidberg
BUI cases aren’t traffic tickets. They’re criminal prosecutions that demand serious defense. At The Law Offices of David L. Freidberg, we’ve spent years helping Illinois residents beat drunk driving and boating charges. We understand the nuances of both DUI and BUI law, and we know how prosecutors approach these cases.
We offer:
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A proven track record in felony and misdemeanor DUI/BUI defense
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Deep knowledge of Chicago-area courts and prosecutors
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Immediate availability—24/7 response
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Tough courtroom presence and negotiation skill
Your future is worth protecting, and we’re here to fight for you.
Call Now – The Law Offices of David L. Freidberg Is Ready to Help
If you’ve been charged with DUI in Chicago and have a medical condition that may have impacted your arrest or test results, call The Law Offices of David L. Freidberg for a free 24/7 consultation.
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.
