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Charged with Boating While Intoxicated?
Boating While Intoxicated (BWI) Defense Attorneys in Upstate New York
Summers in upstate New York are a time to enjoy the water, whether you’re spending the day on Lake George, Saranac Lake, Saratoga Lake, Burden Lake, or any of the many lakes and rivers across the region. Boating is a cherished pastime, but it’s important to understand that operating a vessel while alcohol is involved can lead to serious legal trouble. Just like a DWI charge, a Boating While Intoxicated (BWI) or Boating While Ability Impaired (BWAI) charge carries significant consequences. If you have been arrested for BWI, securing a knowledgeable criminal defense lawyer is essential.
Criminal Defense Attorneys Who Handle BWI Charges in New York
Under New York State Navigation Law §49-A, it is a crime to operate a boat while intoxicated. A person may be charged with BWI when their blood alcohol concentration is 0.08 percent or higher, or when their ability to safely operate a vessel is impaired by alcohol or drugs. Law enforcement treats these cases much like land-based DWIs, and increased patrols during the summer months often result in heightened enforcement.
A BWI conviction can lead to misdemeanor charges that may include jail time, substantial fines, mandatory surcharges, alcohol or drug treatment, and the suspension or revocation of boating privileges. The seriousness of the penalties often depends on the circumstances of the arrest, including the boater’s BAC level, any prior DWI or BWI convictions, and whether an accident, injury, or property damage occurred.
How a BWI Defense Lawyer Can Help
Although a BWI arrest can feel overwhelming, being charged does not mean you will be convicted. An experienced criminal defense attorney can examine whether the stop and arrest were lawful, determine if field sobriety and chemical tests were properly administered, review the reliability of breath or blood test results, and analyze witness statements and boating conditions. By identifying weaknesses in the prosecution’s case, an attorney can work toward a reduced charge, a dismissal, or an outcome that minimizes the impact on your record and boating privileges. If you or a loved one is facing a Boating While Impaired or Intoxicated charge in New York, the consequences can affect your freedom, your finances, and your ability to enjoy the water. Contact criminal defense attorneys nearby immediately to discuss your case and learn how to help protect your future.
FAQs About Boating While Intoxicated Offenses
Under §49-a(2)(b) and §49-a(2)(d) of the Navigation Law, Boating While Intoxicated is a misdemeanor punishable by up to 1 year in jail, and a fine of up to $1,000. Additionally, the court may suspend a vessel registration for twelve months. The boater must also complete a boating safety course. The NYS DMV will also impose a driver assessment penalty.
A second conviction for BWI within a 10-year period is a class E felony punishable by a term of imprisonment up to 4 years as well as a maximum fine of $5000 and a suspension of a vessel registration.
Boating while ability impaired is a non-criminal offense pursuant to Navigation Law §49-a(2)(a). If you are convicted of BWAI, you face a fine of up to $500 and up to 15 days in jail. Additionally, a court may suspend a vessel registration for up to twelve months. The boater must also complete a boating safety course. The NYS DMV will also impose a driver assessment penalty.
If you are charged with BWAI and have a previous BWAI within the previous five years you face a fine of up to $750 and a jail term of up to 30 days. Additionally, a court may suspend a vessel registration for up to twelve months. You also face and additional NYS DMV driver assessment penalty.
If your blood alcohol content is at or above .08, you are intoxicated in the eyes of the law. If there is no blood or breath test, intoxication is determined based on whether you are incapable, to a substantial extent, of employing the physical and mental abilities which you are expected to possess in order to operate a boat as a reasonable and prudent operator.
The law does not require any chemical or physical test to prove that a person is intoxicated. Rather, to determine whether a person is intoxicated, a jury, judge, police officer and prosecutor can consider all the surrounding facts and circumstances, including, for example:
- the defendant’s physical condition and appearance.
- the defendant’s balance, coordination, and manner of speech.
- the presence or absence of an odor of alcohol.
- the way the defendant operated the motor vehicle or boat.
- the circumstances of any accident.
If your blood alcohol content is at or above .08, you can be charged with boating while intoxicated. However, even without a blood alcohol level, if there is evidence you are intoxicated, you may still be charged with BWI.
You are impaired to operate a vessel or vehicle when your blood alcohol content is either .06 or .07 or your physical and mental abilities are impaired, to any extent, by the consumption of alcohol.
A blood alcohol content of .06 or .07 is evidence that are impaired by the consumption of alcohol.
Under §49-a(2)(e) of the Navigation Law, Boating While Impaired by a drug is a misdemeanor punishable by up to 1 year in jail, and a fine of up to $1,000. Additionally, the court may suspend a vessel registration for twelve months. The boater must also complete a boating safety course. The NYS DMV will also impose a driver assessment penalty.
A second conviction for boating while ability is impaired by a drug within a 10-year period is a class E felony punishable by a term of imprisonment up to 4 years as well as a maximum fine of $5000 and a suspension of a vessel registration. The boater must also complete a boating safety course. The NYS DMV will also impose a driver assessment penalty.
Maybe. In limited circumstances, pending the outcome of a case, the court may suspend your right to operate a vessel if you are charged with either 1. assault in the second degree or 2. manslaughter in the second degree.
In New York, evidence that a person’s blood alcohol content (BAC) was .05 or less is evidence that the ability of such person to operate a vessel or a vehicle was not impaired by the consumption of alcohol, and that such person was not in an intoxicated condition.
If you are caught operating a boat after your boating license is suspended because of a boating while intoxicated conviction, you will be charged with the non-criminal offense of operating with a suspended license. If you are convicted of this offense you face a fine of up to $750 and/or a period of incarceration of up to 90 days.
If you operate a boat in an intoxicated condition while your boating license is suspended because of a BWI or BWAI, you face a misdemeanor charge for operating with a suspended license. A conviction for this offense carries a fine of up to $5,000 and up to 1 year in jail. Of course, you will also face the consequences of the new BWI charge which will likely be a felony if your prior conviction was for BWI or a misdemeanor if your prior conviction was for BWAI.
If you refuse to take a breath test your boating license will initially be suspended for 15 days during which a hearing will be conducted to determine whether you refused to take the chemical test. At a hearing, a judge must determine the following:
- Did the officer have reasonable cause to believe you were under the influence of alcohol?
- Did the officer make a lawful arrest?
- Was a sufficient warning given prior to the refusal?
- Did you refuse?
If a judge determines that all 4 questions can be answered “yes”, your boating license will be suspended for six-months. However, if you have been previously convicted of BWI or BWAI or if you have previously refused to take a chemical test, you face a 1-year revocation of your boating license. In addition, you will be required to pay a civil penalty of $200 upon the first occurrence and $500 if there has been a prior suspension or conviction.
No. If you lose your boating license because of a BWI or BWAI, only your license to operate a vessel will be impacted. A BWI or a BWAI will have no consequences on your ability to drive a motor vehicle.
If you cause an injury to someone and are charged with boating while intoxicated, you may be charged with assault. The significance of the injuries caused, and the circumstances of the arrest will determine how serious the charge is. You should contact a criminal defense lawyer that handles boating while intoxicated and assault charges if you injure someone while you are boating while intoxicated.
If you are boating while intoxicated and recklessly cause the death of another person, you may be charged with manslaughter in the 2nd degree, a class C felony. If convicted of manslaughter in the 2nd degree you face between 5 and 15 years in prison. You may also be charged with criminally negligent homicide, if, with criminal negligence, you cause the death of another person. Criminally negligent homicide is an E felony. If you are charged with criminally negligent homicide, you face up to 4 years in prison. The facts and circumstances of any crash that occurs while under the influence of alcohol must be discussed in great detail with your criminal defense lawyer who will want to determine whether the evidence against you is sufficient to support the crimes charged.
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