Experienced New York Boating While Intoxicated Lawyers

The 2006 death of Tiffany Heitkamp, due to an intoxicated boater, inspired New York to toughen up its BWI laws. Previously, Boating While Intoxicated (BWI) was treated as an offense less serious than Driving While Intoxicated (DWI). Penalties have now been equalized so that BWI is now just a serious an offense like DWI.

In New York, there are offenses for boating while impaired or intoxicated by alcohol which parallel the same offenses for operating a motor vehicle. For example, it is unlawful to operate a motorized vessel on water when impaired by the consumption of alcohol. Boating While Ability Impaired by Alcohol (BWAI), is a violation only and not a criminal offense. To be found guilty of BWAI, all that has to be shown is that your ability to operate a motorized vessel as a safe and prudent operator is impaired, to any extent.

Boating While Intoxicated (BWI) is proven when it is shown that the operator of a motorized vessel operates such vessel while in an intoxicated state. Intoxication is presumed when a vessel’s operator is shown to have a Blood Alcohol Content (BAC) of 0.08% or more. This is proven by a chemical test of a person’s breath or blood, just like DWI on land. Also like DWI on land, BWI may also be proven, regardless of the BAC measurement, by proof that the operator’s ability to operate a vessel in a safe and prudent manner was substantially impaired by alcohol. BWI, no matter what theory it is proven by, is a crime which carries a potential sentence of up to one year in jail or three years of probationary supervision.

Boating While Ability Impaired by Drugs (BWAI Drugs) is also a misdemeanor offense. Like DWAI Drugs on land, all that need be proved by the prosecution in a BWAI Drugs case is that the operator of a motorized vessel had consumed drugs and that his or her ability to operate the motorized vessel was, as a result, impaired to any extent. Even a slight bit of impairment to operating ability, if proven beyond a reasonable doubt, may be sufficient to convict someone of misdemeanor BWAI Drugs, subjecting such a person to potentially one year in jail.

Multiple offenses for any of the above carry with them the potential for enhanced penalties and, in some instances, may result in charges being elevated to felony level. For any of the above, a conviction can result in the suspension or revocation of your privilege to operate a motorized vessel in New York.

Where BWI Arrests Happen

A New York BWI arrest is most likely to happen in and around the waterways that are most popular with boaters, including:

• Lake George
• Lake Placid
• Great Sacandaga Lake
• Schroon Lake
• Mirror Lake
• Tupper Lake
• The Hudson River
• The Mohawk River
• Saratoga Lake

You can be arrested for BWI on any public waterway, however. If you have been arrested call our New York Boating While Intoxicated Attorneys.

Penalties

The penalties for operating a boat under the influence of intoxicants in New York are as follows:

• Alcohol BWAI: A fine of up to $500 and jail time of up to 15 days for a first offense, plus loss of your boating license for 6 to 12 months.
• BWAI Drugs and BWI: A fine of up to $1,000, jail time of up to one year for a first offense, plus loss of your boating license for 12 months. A second offense of BWI or BWAI Drugs is a felony if the second offense is committed within 10 years of the first conviction.

Penalties for all of the foregoing offenses increase substantially for repeat offenses. Contact our knowledgeable New York Boating While Intoxicated Lawyers.