Summer is approaching and many people are excited to enjoy summer activities like swimming, fishing, and boating. Alcohol and summer fun often go hand in hand. However, criminal charges for operating a boat under the influence of alcohol can bring summer enjoyment to an abrupt halt. If you are an Illinois resident, it is crucial that you understand state laws prohibiting boating under the influence (BUI) and the penalties associated with a BUI conviction.

Illinois Laws Regarding Drug and Alcohol Use on a Boat

Illinois Conservation Police report that 16 individuals lost their lives in boating accidents last year. Four of those fatalities involved impairment by drugs or alcohol. Although many people see drinking while boating as less dangerous than drunk driving, both are associated with increased risk of injuries and fatalities.

To reduce the number of boat accidents and injuries, Illinois penalizes BUI harshly. Under Illinois law, it is illegal to be in “actual physical control” of a pontoon, fishing boat, jet ski, or other watercraft if:

Drunk driving laws sometimes change and also vary significantly from state to state. This can create confusion and lead to misunderstandings. It is important for everyone to understand DUI laws–especially if they are facing criminal charges for drunk driving. If you or a loved one were charged with drunk driving in the Arlington Heights area, contact a DUI defense lawyer for legal guidance.  

Misconception: You Cannot Beat a DUI if You Blew Over 0.08 Percent

Most people know that the legal limit for blood alcohol content is 0.08 percent. If a police officer suspects a driver of driving under the influence, the officer will ask the driver to blow into a breath test device. These devices, sometimes referred to as breathalyzers, assess the driver’s intoxication level. A BAC over 0.08 percent is probable cause for arrest. Many people assume that blowing over a 0.08 percent automatically means that they will be convicted of DUI. However, it is possible to avoid conviction for DUI even if you failed a breath test or breathalyzer. Breath tests can be inaccurate if the device is not calibrated or used properly. Other issues including certain medical conditions, medications, and foods can also cause breath tests to be inaccurate.

Misconception: You Cannot Drive Until Your Suspension or Revocation Period is Over

If you were arrested for DUI in Illinois, you are subject to an immediate driver’s license suspension. Once your license is suspended, it is against the law for you to drive any vehicle for any reason. Driving on a suspended license is a criminal offense. Fortunately, drivers in Illinois have options. If your license was suspended because of a DUI arrest, a Monitoring Device Driving Permit (MDDP) may allow you to drive legally before the suspension period ends. To qualify for an MDDP, you must be a first-time DUI offender. If you have received DUIs in the past, you may still be able to get a Restricted Driving Permit which will restore partial driving privileges and get you back on the road legally.

Assault occurs when someone makes someone else afraid of impending violence. Battery is the actual physical conduct between the two people. Criminal charges for assault or battery may follow a bar fight, domestic disturbance, or even an argument that got out of hand.

Criminal penalties for assault and battery can include jail time and a permanent criminal record. If you or a loved one were charged with assault, battery, or another violent offense, it is important to explore your defense options. One way to fight criminal charges for assault or battery is to argue self-defense.

What Counts as Self-Defense?

Most people will stand up for themselves if they are provoked. Unfortunately, some people find themselves facing criminal charges for simply defending themselves. However, successfully arguing self-defense during a criminal case is easier said than done. There are limited circumstances in which injurious force is justified in Illinois law.

Most drivers have experienced the sense of dread that comes with seeing flashing blue lights in your rearview mirror. In the best-case scenario, a driver pulled over by police will get off with just a warning. In the worst-case scenario, the driver may leave the traffic stop in the back of a police vehicle.

How a driver handles a traffic stop can mean the difference between a temporary detour or moderate fine and criminal charges. It is important for everyone to understand their rights and responsibilities during traffic stops.

De-Escalate the Situation by Making Officers Feel Safe

On average, 176 police officers are killed in the line of duty every year. Over 14,000 are injured. One of the best things you can do during a traffic stop is to demonstrate to police that you mean them no harm. If you see lights and hear sirens behind you, pull the car to the right side of the road as soon as you can safely. Turn off the car and put your hands on the wheel. Do not reach for your license or registration until told to do so.

Driving under the influence of alcohol is one of the most common offenses for which Illinois residents face charges. Any criminal charge related to drunk driving can lead to substantial penalties and should be taken seriously. However, first-time DUIs are penalized less harshly than second, third, or subsequent DUI convictions. The consequences a person faces for DUI also depend on whether anyone was hurt or killed in an accident while the driver was under the influence.

Drunk driving is considered a felony offense if there are aggravating circumstances. Felony DUI is penalized severely, and someone convicted of felony DUI could face several years in prison. If you or a loved one were charged with felony DUI, read on to learn about your legal rights and options.

Assert Your Rights as a Criminal Defendant

The U.S. Constitution affords you rights as a criminal defendant. However, it is up to you to take advantage of those rights. One of the best things you can do if you were accused of a crime is to avoid incriminating yourself by answering a police officer’s questions. You have the right to remain silent and avoid self-incrimination and it is important you do so. You also have the right to consult with an attorney and to have an attorney present during questioning.