Ithaca Keuka Seneca Cayuga Lake DWI lawyer: BWI (Boating While Intoxicated) in New York

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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.

If you have questions about a BWI or DWI case in NY, call 

us: 607-229-5184

Or find us online! www.ithacadwi.com

www.watkinsglendwi.com

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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

Ithaca Criminal Lawyer: Boating While Intoxicated or DWI on the water!

Jaws is my all-time favorite movie.  (image courtesy of borg.com)

BOATING WHILE INTOXICATED

(BWI) in New York

Yes, there is such a thing as BWI -- or DWI on the water!  Boating is a very popular past time in Ithaca, New York and in the Finger Lakes region and drinking on a boat is very common during the spring, summer, and fall.  

BWI is similar to a DWI charge but there are many differences.  This page is designed to help answer some of your questions with respect to BWI in New York.  We defend BWI cases every year as part of our practice.

NY BWIs fall under Navigation Law section 49-a. 

1. Similar to DWI and DWAI (alcohol) there are a BWI (misdemeanor) and a BWAI (violation). BWI is a criminal charge that could lead to a permanent lifetime criminal record.

2. The legal standard (definition) for BWI (intoxication) and BWAI (impairment) for water operation of a craft are comparable to operation of a car or motorcycle on land. They both relate to a person's mental and physical abilities to operate a boat in a reasonably prudent fashion.

3. You are only in danger of losing (suspension) your license to operate a BOAT not your car. The boating suspensions are 6 months and up for the BWAI (violation level), and one year for the BWI (misdemeanor).

4. There are specific boating safety classes required with both BWAI and BWI.

5. The classes have to be either state sanctioned, US Coast Guard, or US Power Squadron safety classes.

6. There is a "contribution" (around $200) to the "I Love New York" Safe Boating Fund.

7. The fines range from $350- $500 for a BWAI, and $500- $1,000 for a BWI.

8. The BWI and BWAI will be reported on your New York DMV driving abstract, so your auto rates will eventually be affected by your boating charges. If you are from out of state it is likely that this will also go on your state's DMV record because NY has an interstate compact with many adjoining states and the National Driver Registry is a federal database that every DMV in the country can access.

9. The BWI is a criminal charge and will affect your entry into Canada in the future.

10.The BWAI violation is also going to affect your ability to enter Canada because it is an alcohol-related offense.

11. If you refuse the Breath Test back at the station (not to be confused with the preliminary breath test on the roadside) you will face many of the same consequences, i.e. increased boating license loss, additional fines, as a DWI test refusal.

12. The BWI has a 0.08% BAC (breath alcohol concentration) standard, same as a DWI. 

13. There will be additional NY state surcharges of around $240 for a BWAI, and $400 for a BWI.

14. There are two types of BWI, a BWI "per se" offense based only upon your BAC (0.08% or more) and a BWI "common law" based upon the officer's observations, field sobriety testing, and other evidence of intoxication. Same as DWI.

15. Since NY state has no expungement statute a BWI (misdemeanor) will remain on your permanent criminal record forever.

16. BWIs are defended much the same way as DWIs. The state (the prosecutor) still has the burden of proving you were intoxicated at the time of operation. The breath machine can be challenged for accuracy, validity, and reliability. The officer's tests can be shown to be administered improperly or scored with bias.

*As of now, You will not lose your privileges to DRIVE A CAR with a BWI.  However, there is legislation in the NY Senate called "Tiffany's Law" that has been pending for many years.  If passed, it would possibly link BWI with DWI type penalties, including loss of car driving privileges. It is worth consulting with a BWI attorney if charged to make sure this remains the case as time wears on.

If you have questions about a Boating While Intoxicated

charge in New York, you can call our office at:

(607) 229-5184. 

email:  mike.ithacadwi@gmail.com

 

BY ATTORNEYS MIKE CYR and LARRY NEWMAN

COPYRIGHT CYR & ASSOCIATES 2015

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