Penalties for Operating Under the Influence

Illinois law establishes the following penalties for operating under the influence (OUI).

• Those convicted of OUI for the first time may be imprisoned for up to one year and/or fined up to $2,500.
• Repeat offenders will receive more severe penalties, including the possible seizure and forfeiture of their vessel.

The penalty for OUI increases to a Class 4 felony if:

• The operator has a previous OUI conviction or…
• The offense results in serious personal injury or…
• The offense occurred when the operator’s privileges to operate a vessel were revoked or suspended.

The penalty for OUI increases to a Class 2 felony if the offense results in the death of a person.

There are additional penalties for providing alcohol to minors, even on private property such as a boat.

• There is a $2,500 fine and up to a year in jail for knowingly allowing underage drinking to occur.
• If death results from providing alcohol to minors, the responsible adult can be charged with a felony.