It is common knowledge that drunk driving is illegal, but is it illegal to operate a boat while you’re drunk? In New York state the answer is yes. In fact, a man from Connecticut is facing charges for just that. According to the New Haven Register, the man was arrested for operating a rental boat while drunk on Trout Lake, roughly 70 miles north of Albany, and was charged with boating while intoxicated. Allegedly, the man’s BAC (blood alcohol concentration) was more than twice the legal limit.

In New York, the legal BAC limit for operating a boat is generally 0.08 percent. We say generally because the legal limit for BWI (boating while intoxicated) changes based on the driver’s age and whether the vessel being operated is public. Additionally, a driver who operates a boat in New York while impaired by alcohol can also be convicted of the separate crime of BWAI (boating while ability impaired), even if their BAC is less than 0.08 percent. The differences between BWI and BWAI can be confusing, therefore, the key distinctions are outlined below.

BWI (Boating While Intoxicated)

Under New York code section 49-a(2)(b)-(e), it is illegal for a driver to operate a private vessel if the he or she has a BAC of 0.08 percent or higher (or a BAC of 0.04 percent or higher if operating a public vessel), operate a vessel while intoxicated, or operate a vessel while impaired by use of a drug. The penalties for boating while intoxicated in New York can vary from case to case but often fit within the parameters outlined below:

  • First conviction: Punishable by a fine of at least $500 and not more than $1,000, and/or imprisonment for up to one year. The court may also suspend the driver’s operating privileges and/or the vessel’s registration.
  • Second conviction within 10 years: Punishable by a fine of at least $1,000 and not more than $5,000, and/or imprisonment appropropriate for a class E felony. The court may also suspend the driver’s operating privileges and/or the vessel’s registration.
  • Two or more convictions within 10 years: Punishable by a fine of at least $2,000 and not more than $10,000, and/or imprisonment appropriate for a class D felony. The court may also suspend the driver’s operating privileges and/or the vessel’s registration.

BWAI (Boating While Ability Impaired)

A crime that is closely related to boating while intoxicated is the crime of boating while ability impaired. New York code section 49-a(2)(a) states that a person can be properly convicted of a BWAI if he or she operates a vessel in New York while their ability to do so is impaired by the consumption of alcohol. The standard penalties for a BWAI are outlined below:

  • First conviction: Punishable by a fine of at least $300 and not more than $500, and/or imprisonment for up to 15 days. The court may also suspend the driver’s operating privileges and/or the vessel’s registration.
  • Second conviction within five years: Punishable by a fine of at least $500 and not more than $750, and/or imprisonment for up to 30 days. The court may also suspend the driver’s operating privileges and/or the vessel’s registration.
  • Two or more convictions within 10 years: Punishable by a fine of at least $750 and not more than $1,500, and/or imprisonment for up to 180 days. The court may also suspend the driver’s operating privileges and/or the vessel’s registration.

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DISCLAIMER: The exclusive purpose of this article is educational and it is not intended as either legal advice or a general solution to any specific legal problem. Corporate offices for Nave DWI Defense Attorneys are located at 432 N. Franklin Street, Suite 80, Syracuse, NY 13204; Telephone No.: 1-866-792-7800. Prior results do not guarantee a similar outcome. Attorney Advertising.