Boating While Intoxicated has Serious Consequnces

While most people are aware that driving a car while intoxicated is a crime, few people realize that operating a boat under the influence of alcohol or drugs is also a crime. This is likely due to the fact that so many people associate boating with fun and relaxation. However, the penalties for Boating While Intoxicated are just as severe as the penalties for Driving While Intoxicated.

Recreational operators of pleasure boats and jet-skis can be arrested for operating a watercraft with a Blood Alcohol Content of 0.08% or higher. A complete description of the crime and penalties for Operation of a Vessel under the Influence of Alcohol or Drugs is contained in New York State Navigation Law §49-a.

The crime and its penalties are very similar to those contained in New York State’s Driving While Intoxicated section of the Vehicle and Traffic Law. In fact, they use the same standards for Blood Alcohol Testing, and for the Standardized Field Sobriety Tests. The field tests include walking 18 steps in a straight line, and standing on one leg for 30 seconds. Can you imagine how difficult it could be to pass these field tests on a boat at sea?

Make no mistake, violations of this law is a crime, and carries a lifetime of direct and collateral consequences. Those consequences include, to name a few, the possibility of serving jail time, significant fines, and revocation or suspension of your license to drive a car.

Whether you receive a DWI or a BWI, the DMV has mandatory suspensions, and if convicted you will temporarily, or sometimes permanently, no longer be permitted to drive in New York. Please be careful out there, and happy boating to all.