New York BWI (Boating While Intoxicated)

Everyone knows that driving while intoxicated (DWI) is a serious issues, but few people give thought to boating while intoxicated (BWI). After all, many people associate boats with rest and relaxation, and what is more relaxing than a couple of drinks? Unfortunately, the penalties for BWI are just as severe as for drunk driving.

In New York, you may be arrested for BWI for operating a boat, jet ski, or other watercraft with a blood alcohol content (BAC) of .08% or higher. Due to Zero Tolerance laws, the legal limit for minors is .02%. Your BAC may be determined through a breath, blood, or urine test, though New York law enforcement agents commonly administer the breathalyzer test.

Drinking and boating may be even more dangerous than drinking and driving. Factors such as the engine noise, motion and vibration of the boat, wind, sun, and spray can intensify the effects of alcohol and/or drugs. Many people have less experience operating a boat than a vehicle, which makes drinking even more dangerous.

Consuming alcohol or drugs affects the many skills necessary to operate a watercraft: ability to focus, peripheral vision, night vision, judgment, coordination, balance, and reaction time. Statistics show that a boat operator with a BAC of .10% or above is more likely to die in a boating accident that a sober boat operator.

Because BWI is responsible for nearly 34% of fatal boating accidents each year, New York law enforcement agencies take this issue seriously. If an officer notices a boat being driven erratically, he or she may pull the operator over. During this time, the officer may administer a series of field sobriety tests or a chemical test. If the operator is over the legal limit, a BWI arrest may be made.

The penalties for a BWI conviction are the same as for a drunk-driving conviction, and could include jail time, expensive fines, probation, and a driver’s license revocation. You will also be stuck with a criminal offense on your record indefinitely.

If you need help finding a BWI attorney, you have come to the right place. The attorneys on our directory are experienced with BWI law and can aggressively defend your rights during this difficult time. Fill out our online form today to speak with a local BWI lawyer.