While operating a boat under the influence of alcohol may seem like a minor offense, the state of New York treats it as seriously as a DWI. Boating while intoxicated (BWI) is in many ways like driving a vehicle while intoxicated, and the penalties can range from fines to jail time. And the consequences may not end there.
Although receiving a ticket for BWI can be distressing, it is not the same as a conviction and the prosecutor will need to prove its case beyond a reasonable doubt. Having dedicated legal counsel defending you will make a difference in the outcome and could save you substantial money and help you avoid jail. The New York Traffic Ticket Lawyers is ready to develop a personalized legal strategy for you.
What to Know About BWI in New York
Law enforcement may charge the operator of a boat or other motorized vessel with boating while intoxicated if their ability to operate the vessel is impaired due to alcohol consumption or drug use. Alcohol intoxication means the operator’s Blood Alcohol Content, or BAC, is at least .08 (.04 for operators of commercial vessels). As with a DWI, this can be demonstrated by a blood or chemical test, such as a breathalyzer, administered to the person operating the vessel.
There may be other evidence which demonstrates that the operator of the vessel is substantially impaired and will therefore result in a BWI ticket. Erratic operation of the boat, high speeds, glassy eyes, and slurred speech are a few common examples. The officer may also request that the operator complete sobriety tests and judge the results of those tests in making a decision whether to give a ticket for BWI.
What to Know About Boating While Ability Impaired (BWAI) in New York
Boating while ability impaired, or BWAI, is a slightly different offense but it can still result in serious problems for the operator of a boat. If it is proven that alcohol or drug use has impaired one’s operation of the boat to any extent, the operator may receive a BWAI ticket. BWI, on the other hand, generally means either substantial impairment or proof that the operator has a certain BAC.
Penalties for BWI and BWAI
New York has some of the strictest laws in the country concerning boating while intoxicated and boating while ability impaired. This is reflected in the possible legal and financial consequences of these tickets, which may include:
- BWAI, first offense: $300 to $500 in fines, up to 15 days in jail, or both.
- BWAI, second offense in five years: $500 to $750 in fines, up to 30 days in jail, or both.
- BWAI, third offense in ten years: $750 to $1,500 in fines, up to 180 days in jail, or both.
All of these include the loss of one’s boating license for 6-12 months, no matter how many prior convictions there were.
As for BWI, you could be facing:
- First offense: $500 to $1,000 in fines, up to one year in jail, or both.
- Second offense in ten years: $1,000 to $5,000 in fines, up to 4 years in prison, or both.
- Third offense in ten years: $2,000 to $10,000 in fines, up to 7 years in prison, or both.
A first offender will lose their license to operate the vessel for one year. Those who have prior convictions will have a 2-year license suspension.
Other Consequences of BWI and BWAI
Jail, fines, and a suspended license may not be the only repercussions ahead of you if you’re convicted of either BWI or BWAI. You can expect other potential legal and financial penalties such as:
- Higher insurance: The same way that a DWI can cause a spike in your auto insurance, your boat insurance premium may also increase.
- Probation: Especially for a BWI, you may have to check in periodically with a probation officer and meet other conditions.
- Alcohol education and treatment: The court may require you to complete an alcohol education or treatment program, depending on the seriousness of your charge.
- Ignition interlock: You might also have to install an ignition interlock device on your boat to prevent future incidents of BWI or BWAI.
- Community service: Another condition the judge may require is completion of community service, with the number of hours varying from one case to another.
- Criminal record: A BWI results in a criminal record, and this in turn may harm your employment or career prospects.
Possible Ways to Defend Against BWI and BWAI
Working with a dedicated New York ticket attorney, you may be able to negotiate a plea deal (for instance, from BWI to the less serious BWAI) with the prosecutor. Plea negotiations are fact-specific and require a thorough understanding of the state’s boating laws and regulations. Our firm has successfully negotiated countless ticket offenses, saving our clients money, jail time, and other problems.
These are some other potential defenses to your ticket:
- Legal and procedural issues: If the ticketing officer lacked probable cause to stop your boat, or otherwise violated your legal or procedural rights, you may be able to challenge the ticket.
- Unreliable sobriety test results: Sobriety tests are notoriously subjective and could be affected by factors other than drugs or alcohol, such as uneven or unstable surfaces.
- Questionable breathalyzer or chemical test: The breathalyzer device may not be properly calibrated or the chemical (e.g. urine) test could otherwise be unreliable.
- Medical conditions: Some boat operators have medical problems or unpredictable reactions to prescription medication which could affect their operation of the boat.
- Not a motorized vessel: The laws against boating while intoxicated only apply to motorized or partially motorized vessels, although an intoxicated individual could be charged with something else.
- Challenging the evidence: You may be able to challenge or contradict the state’s evidence based on grounds like admissibility.
Contact Our Central New York Boating While Intoxicated Lawyer
If you’re facing a BWI or related charge, don’t leave your legal and financial future to chance. You deserve the dedicated counsel that The New York Traffic Ticket Lawyers provides. Reach out to us today to learn more.
