 |
| image courtesy memecenter.com |
Summer Series: Boating While Intoxicated
(BWI) in the Finger Lakes region
of Upstate New York
Summertime in the Finger Lakes region of New York State brings pristine water for boating, swimming, and fishing. The grand lakes of Cayuga, Seneca, and Keuka are big and beautiful come June, July, and August. They are a welcome respite from the freezing winter months of snow, ice, and wind. Tourism brings visitors from all around to the quaint towns of Ithaca, Penn Yan, Geneva, and Watkins Glen that surround these huge bodies of water. What lurks beneath the surface of fun in the sun are the potential dangers of a drunk boating charge.
New York BWI and DWI are Similar
Many people know about and understand that driving while in an intoxicated or impaired condition can lead to criminal charges. What most people who come upstate fail to realize is that even operating a boat while in an impaired or intoxicated condition can lead to an arrest.
New York DWI and BWI both have a "per se" offense based upon a test of your breath or blood alcohol content. They both have common law charges based strictly upon the opinion of a police officer. There observations and testing of your balance and coordination would be the basis of that charge. There is also an Aggravated BWI when your BAC (blood alcohol content) is .18 or higher.
Boating charges can also include the lesser included offense of BWAI (boating while your ability is impaired) which presumes your BAC is at least .06 or more at the time of boat operation.
Defense to BWI is similar in many respects to the defense of a land based DWI. Was there probable cause for the investigation, was there probable cause for the arrest, and what challenges can we bring to the evidence of your intoxication or impairment?
In future blog posts we will explore the uniqueness of the New York State BWI as well as the other impaired and intoxicated offenses that summer vacationers face.
us: 607-229-5184
Or find us online! www.ithacadwi.com
www.watkinsglendwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
BY NEWMAN & CYR
Copyright 2016. Educational Purposes Only.
*DISCLAIMER: If you or a loved one has been charged with
a crime, we strongly urge you to consult with a local,
licensed criminal defense attorney to lessen the possible
negative outcomes, including the potential loss of your
freedom.
*Attorney advertising
