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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]