BUI Attorney in Chicago

Your Trusted BUI Lawyer in Chicago: Advocacy & Guidance

Facing a boating under the influence (BUI) charge in Chicago comes with serious legal and personal consequences. At The Toney Law Firm, LLC, we understand how unsettling these charges can be. Our experienced BUI attorneys in Chicago deliver a strategic defense that’s rooted in a thorough understanding of local law and court procedures. 

With hands-on litigation experience and leadership from Attorney Sarah Toney—who brings the additional perspective of a law professor—our team offers innovative and practical legal solutions tailored to each client. If you’re facing BUI allegations in Chicago, we’re here to guide you through every phase, safeguard your rights, and work toward the best possible result for your situation.

Facing a BUI charge? We offer free consultations and are available 24/7. Call (888) 473-4058 or contact us online to speak with a BUI attorney in Chicago today.

Understanding BUI Laws in Illinois

In Illinois, the crime of Boating Under the Influence (BUI) is defined under the Illinois Compiled Statutes (ILCS) Chapter 625, Section 45/5-16, which is part of the Boat Registration and Safety Act. 

A person commits this offense if they are in "actual physical control" of a watercraft while:

• The blood alcohol concentration (BAC) is 0.08% or greater; or
• Under the influence of alcohol, drugs, or a combination of both, to a degree that renders them incapable of safely operating the watercraft.

The law applies to all watercraft, including motorboats, sailboats, personal watercraft, and other vessels. It is important to understand that the prosecution's case often hinges on proving that you were "operating" the watercraft. Illinois law defines "operating" as taking action to affect the functioning of the watercraft in a manner that would enable its use. This can be a contested element in cases where a person is found in a stationary boat with the engine off. A knowledgeable Chicago BUI defense lawyer will meticulously analyze the specific details of your case to find any weaknesses in the prosecution's claims.

The prosecution's case often relies on a variety of evidence, including police officer observations of your behavior, your performance on FSTs, and the results of a breath or blood test. This highly subjective evidence is frequently ripe for challenge by an experienced BUI attorney in Chicago.

Classifications and Degrees of the BUI Offense in Chicago

In Illinois, BUI offenses are classified similarly to DUI offenses, with the penalties escalating significantly based on the number of prior convictions and the presence of aggravating factors.

• First Offense (Class A Misdemeanor): A first BUI conviction is a Class A misdemeanor. The penalties can include a fine of up to $2,500, a jail term of up to one year, and a license suspension of 90 days.
• Second Offense: A second BUI offense is a Class 4 felony. The penalties are significantly increased, including a fine of up to $25,000, a prison sentence of 1 to 3 years, and a license suspension of one year.
• Third or Subsequent Offense: A third BUI offense is a Class 3 felony. The penalties are even more severe, including a prison sentence of 2 to 5 years and a license suspension of two years.
• Aggravated BUI: If a BUI causes great bodily harm or death to another person, the charge is automatically a felony, regardless of prior convictions.

It is also important to note that a BUI charge can be filed alongside other offenses, such as reckless operation of a vessel, or possession of a controlled substance. A knowledgeable Chicago BUI defense lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Additional Consequences

• Driver's License Suspension: A BUI conviction can result in a suspension of your driver's license, not just your boating privileges.
• Mandatory Programs: You will be required to attend and complete a boating safety course and a mandatory alcohol or drug education program.

Collateral Consequences

A criminal record for a BUI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony BUI conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

Building a Strategic Defense For BUI Charges in Chicago

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Chicago BUI defense lawyer, we will leverage every possible defense, including:

• Challenging the Initial Stop: Unlike a DUI where police must have reasonable suspicion to pull you over, in BUI cases, officers are legally permitted to stop a watercraft for a safety check without justification. However, if the stop was a pretext and not a legitimate safety check, we can argue for the suppression of evidence.
• Disputing Field Sobriety Tests (FSTs): FSTs are notoriously unreliable, especially on the unstable surface of a boat. We can argue that your performance was affected by the movement of the watercraft, fatigue, or environmental factors like sun glare or seasickness rather than intoxication.
• Questioning Chemical Test Accuracy: The accuracy of breathalyzer and blood test results can be challenged based on issues with the equipment, the testing procedures, or the chain of custody. We can argue that a false positive was caused by mouth alcohol or that the test was not administered correctly.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
• Lack of Operation: The state must prove that you were in "actual physical control" of the watercraft. We can argue that you were not operating the boat at the time of the arrest, especially if the boat was anchored or docked and the engine was off.

Why Choose The Toney Law Firm, LLC for Your BUI Case in Chicago

If you need a BUI attorney in Chicago, choosing the right legal representation is crucial. Clients trust The Toney Law Firm, LLC because we bring extensive experience in criminal and DUI defense, especially for BUI cases involving Chicago’s courts and waterways. Our approach is anchored in strategic collaboration, academic insight, and recognized commitment to client care. 

Key advantages of working with our law firm include:

• Team-based defense: We work collectively, drawing on each attorney’s insights to craft a robust strategy that fits your unique circumstances.
• Academic perspective: Our leadership includes Attorney Sarah Toney, a respected law professor—giving you access to up-to-date knowledge and innovative defense tactics.
• Reputable service: Our firm’s dedication has been acknowledged by leading legal associations, underscoring the quality and integrity of our advocacy.
• Local knowledge: We understand Chicago’s boating regulations, law enforcement procedures, and court nuances, ensuring nothing is missed in your defense.

Every BUI case is different—from the type of vessel to the specific waterway involved—requiring personalized legal guidance. We go beyond the basics, addressing factors such as prior records, accident circumstances, and BAC test results to develop a strategy tailored for you. 

Good communication is a trademark of our firm: we clearly outline each step, answer your questions, and keep you informed throughout. By merging our practical experience in local BUI law with up-to-date defense strategies, we aim to achieve the best outcomes for our clients every time.

What to Expect in Chicago BUI Court Proceedings

If you’ve been charged with BUI in Chicago, your case will typically be handled in the Cook County court system. Because jurisdiction may depend on the location of the arrest and which agency was involved, understanding these differences is vital. Our firm keeps current on the latest Illinois laws and local ordinance updates related to boating and alcohol use, as well as how Chicago prosecutors are handling BUI cases. 

Throughout your defense, we provide direction through each of the following stages:

• Arraignment in Cook County criminal court
• Pre-trial motions (such as suppressing evidence or challenging law enforcement conduct)
• Plea negotiations with prosecutors leveraging local precedent and experience
• Full trial preparation when needed, including persuasive courtroom advocacy
• Representation at hearings conducted by the Illinois Department of Natural Resources regarding boating privileges

Navigating the Chicago court system after a BUI charge can be stressful—especially for those new to the process. Our guidance ensures you understand what’s expected, from discovery and document filing to what happens at each hearing. With direct insight into common patterns among Cook County judges and prosecutors, we can advise you on likely outcomes, prioritize your best interests, and guide you toward the most effective resolution—whether by negotiation or trial. We aim to demystify the legal process so you stay informed and confidently participate in your defense from start to finish.

Contact Our Chicago BUI Attorney Team & Take Control of Your Case

If you’re facing a BUI charge in Chicago, you do not have to navigate it alone. We offer proactive, strategic guidance to restore your confidence and clarity—right when you need it most. With our team-based approach, you will benefit from comprehensive legal insights, clear communication, and a defense specifically built for your situation. 

Call The Toney Law Firm, LLC at (888) 473-4058 or fill out this online form to schedule a confidential, stress-free consultation. 

Frequently Asked Questions

Will My Driver's License Be Affected by a BUI?

Your driver’s license is not automatically affected by a BUI, but if you receive additional related convictions or have past DUI offenses, the state could review and even restrict your driving privileges. Always consult with a BUI attorney in Chicago for guidance specific to your situation.

Can I Refuse a Breathalyzer or Field Sobriety Test While Boating?

You may refuse a breathalyzer or field sobriety test during a BUI stop in Illinois. However, refusal can lead to immediate suspension of boating privileges and may be used as evidence during prosecution. Law enforcement is legally required to inform you of these consequences at the time of refusal.

What Should I Do Immediately After a BUI Arrest?

After a BUI arrest, stay calm, comply with law enforcement directions, and avoid self-incrimination. Contact an experienced BUI lawyer in Chicago as soon as possible to protect your rights and start building your defense early in the process.

How Long Does the BUI Defense Process Take?

BUI defense timelines in Chicago can vary. Some cases resolve quickly through negotiation, while others may take months if they proceed to trial. Your lawyer can provide realistic expectations based on the complexity of your case and the Chicago court’s schedule.