MALE VOICE: This is ABC 7 News this morning.
MALE VOICE: Well, you know, there's nothing like a day on the lake. And boating is a common way to have fun during the summer. But if you're mixing alcohol, you get a dangerous and potential deadly combination.
[GRAPHIC: Boating Accidents, In 2008, Alcohol leading contributor in deadly accidents, 4,789 recreational boating accidents, 709 boating fatalities]
MALE VOICE: According to the US Coast Guard, in 2008, alcohol was a number one factor in deadly boating accident, more than a nearly 4,800 recreational boating accidents, and more than 700 people were killed. And you're also risking a serious punishment if you get caught boating under the influence. And our legal expert attorney Thomas Glasgow is here to explain all of this. Good to see you once again, sir.
THOMAS GLASGOW: Good morning.
MALE VOICE: Now this is just as dangerous as drinking and driving, isn't it?
THOMAS GLASGOW: Absolutely. I mean, one has to remember that a boat sometimes can be 5,000, sometimes 1,200 or 12,000 pounds, has no brakes. And you're out there. You're on the water. Most of these accidents are caused by inattentiveness. And alcohol and boating when used in excess, you're not going to be as attentive as you are when you are sober and you're looking around, as we were taught in boating safety school. Your head really should be on a swivel, looking around all the time at everything that's going on. Additionally, you've got skiers. You've got people off the boat. You've got people on the boat. You've got swimmers, et cetera, that you have to be wary of all the time. The potential for injury is really great.
MALE VOICE: And you're saying there's a difference in the field sobriety test you take for driving and for boating.
THOMAS GLASGOW: That's correct. If an officer pulls up on you, a police officer, they come up on you. It's not like a traffic stop. They can do a routine float check to see whether or not there's personal flotation devices. And what they will do is they do several tests that are different than the ones that you would get at a roadside test, which you're pretty family with. These you count backwards between 25 to 1. You say the alphabet without singing. There's a touching of the fingers back and forth. There's a slapping the palm test that we used to do when we were in school. Those things in combination with the sun and in combination with being out in the weather, et cetera, the boat's rocking. They're not really a good indicator of what it is that you are under the influence of alcohol or if you're under the influence of alcohol.
MALE VOICE: Wow. Now I understand there's a certain--lots of different ways you can actually violate the law, too.
THOMAS GLASGOW: That's correct. You can end up--if you're charged with this, it's the same as a DUI that you get in a car. You can get a Class A misdemeanor on the first time.
[GRAPHIC: Boating Under the Influence, Class A misdemeanor, 1-364 days in jail]
THOMAS GLASGOW: You could end up going to jail for up to a year, be fined up to $2,500. If you end up injuring somebody, you could go to jail for anywhere between 1 and 12 years. If you kill somebody in a boating accident, it can be as much as 3 to 14 years in the penitentiary.
[GRAPHIC: Boating Under the Influence, Class 4 Felony if: Second offense, Boating rights suspended (1-3 years), Injuries to passengers (1-12 years)]
MALE VOICE: So what happens if a felony charge--what does this involve?
[GRAPHIC: Boating Under the Influence, Class 2 Felony if: Someone is killed (3-14 years)]
THOMAS GLASGOW: Well, what happens is you end up with a boating accident. And we've had several of these where a guy is driving around. He's out drinking. He's out fishing with his buddies, not paying attention. You know, he's driving at night. He hits an island, like in one of my cases. The people go flying off. Person's killed. Another person's injured. And you know, because alcohol was involved and because they weren't utilizing their due care, like they're taught, they end up with a felony charge. And they could end up in jail. People think that, you know, the rules don't apply when you're out on the water. Drinking and boating is kind of a tradition. And people go out and do this. You have to be very, very careful in order not to injure those that you were given the care for. And if you have people such as children in the boat and you're caught drinking, there are enhanced penalties for that as well.
MALE VOICE: Well, this is something I really never understood. Do you have to have a license to drive a boat?
THOMAS GLASGOW: If you're under the age of 18, yes, you do. If you are over the age of 18, those rules don't apply. If you're under 18, you have to pass certain tests. And you have to have that certification with you and be supervised by somebody over the age of 18. But being over the age of 18, there's nothing that's going to end up, you know, in any way keeping you from driving that boat. If you're out, you know, in Burnham Harbor, if you're over at, you know, Gordy's in Lake Geneva enjoying yourself, just be careful. And be prudent in what you do to make sure you're on guard not to injure those around you because it is a big piece of machinery, absolutely no brakes, no way to stop it, no way to not injure other people.
MALE VOICE: Wow. Important reminders. Thank you very much. Appreciate that.
THOMAS GLASGOW: Thanks.
MALE VOICE: Good information. If you want information about this and a link to Thomas's website, go to abc7chicago.com. It's all there for you. We'll be right back.
