Can you have a beer on a boat? Here’s what Illinois law says about boating and drinking
The metro-east is seeing a hot summer so far, and those looking to cool down may be planning fun days out on the water.
Belleville has plenty of options for canoeing, kayaking and boating, but is it legal to enjoy an alcoholic beverage on your boat outing?
The Illinois Department of Natural Resources has published a boating safety handbook and reminds operators to follow registration and titling requirements, as well as best practices for safety.
Here’s what Illinois law says about boating and drinking.
Is it legal to drink and boat in Illinois?
The Handbook of Illinois Boating Laws and Responsibilities, dated 2023, reports state law prohibits people from operating boats while under the influence.
The Illinois Boat Registration and Safety Act says people cannot operate boats under the influence of alcohol or “any other drug or combination of drugs to a degree which renders such person incapable of safely operating any watercraft.”
Illinois law considers someone under the influence when the alcohol concentration in their breath or blood is 0.08% or more, or if the alcohol or drug use renders them unable to safely operate the boat.
If a test shows an operator has any amount of substance in their blood or urine resulting from “unlawful use or consumption of cannabis, a controlled substance, or an intoxicating compound,” that’s also considered under the influence.
While the person operating the boat can’t legally be under the influence of drugs or alcohol, Illinois law allows boat passengers who are not controlling the watercraft to consume alcohol, as long as they are 21 or older.
The Illinois Department of Natural Resources and Illinois Conservation Police encourage safe boating practices and life jacket use. There were 70 boating accidents reported in 2023, resulting in 12 deaths and 37 injuries, ICP said in a May 21 press release.
Eight of the people who died were not wearing life jackets or vests, according to ICP, and two of the 12 fatalities involved alcohol or drug impairment.
“Operating a boat under the influence is in some ways riskier than operating a motor vehicle under the influence,” ICP Lt. Curt Lewis, the state’s boating law administrator, said in the press release. “On waterways, there are no lane markers, boats have no seatbelts, and there is little protection for occupants should a collision occur.”
The ICP arrested 72 boaters for operating under the influence last year, compared to 81 boaters in 2022 and 65 boaters in 2021.
Boating under the influence can result in a Class A misdemeanor on first offense. On subsequent offenses or when great bodily harm results from the incident or the boater’s privileges had been suspended or revoked, it can result in a Class 4 felony.
Class A misdemeanors can result in less than one year of imprisonment and a fine of up to $2,500 in Illinois, while a Class 4 felony can lead to up to three years imprisonment.
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