Illinois Man Pleads Guilty to Fatal Accident Caused by BUI

 Posted on September 23,2024 in Criminal Defense

Last month, an Illinois man pled guilty to Boating Under the Influence (BUI) regarding a 2021 fatal accident at Lake of the Ozarks. Authorities say the man had a blood alcohol level of 0.187 percent a full three hours after the accident. According to witnesses, a 21-year-old on the boat driven by the defendant was ejected as the boat jumped waves at a high speed. The young man’s body was later recovered. The judge in this case suspended the imposition of the sentence, which means that if all the terms of probation are successfully completed, the defendant will not have a felony on his record.

According to the U.S. Coast Guard, alcohol is the leading known contributing factor in boating fatalities, accounting for 17 percent of those fatalities in 2023. Other common causes of boating accidents include operator inattention or inexperience, excessive speed, machinery failure, and improper lookout. Of course, nobody should get hurt while having a fun time on a boat. That being said, there are times when local law enforcement can be overzealous in charging BUI or may have the facts of what really happened wrong. If you find yourself facing BUI charges in the state, it is important that you speak to an experienced Chicago, IL BUI attorney from Luisi Legal Group.

What Are the BUI Penalties in Illinois?

Illinois has fairly strict BUI laws, which are similar to the state’s DUI laws. The BAC level for a Boating Under the Influence charge is the same as for a DUI – 0.08 percent. Be aware that BUI charges can be leveled for motorized boats as well as for non-motorized watercraft like rowboats and sailboats. A boat operator with five or more nanograms of THC per milliliter of blood in their system can also be charged with BUI.

You can also be charged with BUI if you have any amount of a controlled substance in your blood or if you are a CDL holder with any amount of a controlled substance in your blood. Even those taking legal prescription drugs could be charged with a BUI if the drug impaired their ability to safely operate the boat.   

While the charges for BUI will depend on whether anyone was harmed and how many prior convictions the boat operator has, a first BUI conviction is generally charged as a Class A misdemeanor. A conviction for BUI could result in up to 364 days in jail and fines as large as $2,600. A second BUI could result in being charged with a Class 4 felony, with penalties that include fines as large as $25,000 and up to three years in an Illinois state prison.

Enhanced penalties for a BUI include being charged with a Class 4 felony if anyone suffers disfigurement, permanent disability, or great bodily harm. If a victim suffers fatal injuries, the boat operator could be charged with a Class 2 felony, which can result in up to 14 years in prison and fines as large as $25,000.  

Can a BUI Conviction Affect Your Driver’s License?

A BUI conviction can cause you to lose your boating license and can also potentially affect your driver’s license. Normally, a first-time BUI will not affect your driving privileges, but if you are involved in an accident associated with your BUI that leads to serious injury or death and you refuse a chemical test, your driver’s license may be suspended. Further, if you are a CDL holder, refusing a chemical test could cause your CDL license to be revoked in addition to the suspension of your boating license.

Contact a Cook County, IL Boating While Intoxicated Lawyer

Since a BUI conviction can significantly affect your life and future, reaching out to an experienced Chicago, IL, Boating While Intoxicated attorney from Luisi Legal Group is important. Attorney Vincent Luisi has more than a decade of professional experience defending those charged with a criminal offense and, after being in the Chicago criminal courts daily for the past 16 years, has developed a reputation as a highly skilled litigator. Contact Luisi Legal Group at 773-276-5541 to schedule your free consultation.