Ithaca Cayuga Seneca Keuka BWI lawyer: Unlawful Operation can lead to a NY Boating While Intoxicated charge!

Cayuga Lake from the shores of Stewart Park, Ithaca, NY-
Newman & Cyr, The DWI Attorneys

Unlawful Operation on the Water

can lead to a New York BWI 

(Boating While Intoxicated)!

In New York State unlawful operation of a vessel (a boat or personal water craft) is the same as reckless operation. It is the most common reason for a Park Police Officer to look at you on the water. It provides them the PC (probable cause) to check you out. 

So exactly what constitutes recklessness on the water?

Legally speaking, reckless means: "unreasonably interferes with the free and proper use of the navigable waters of the state or unreasonably endangers any other vessel or person."

The Specifics of Unlawful Boat Operation in New York State:

But for specifics, the park police have wide latitude to pull you over or to occupy your vessel...kinda like pirates.

-Number one is going to fast. Too fast for conditions, too fast for the zone as in NO wake, or too fast for boats nearby.

-Number two, operating Too close to other boats, to the dock, to the shore, or to the pier.

-Number three, allowing people to be where they shouldn't be while operating, like on the gunwale (upper edge of the side), deck, or bow. 

-Number four, jumping, weaving, swerving, or overloading. 

Basically, all this reckless behavior is how many people have fun on their boats. Most people don't boat safely, I am sorry to say. They believe that the rules on water just don't apply because there are no roads. They gun it and jump, weave, and turn with abandon. Like toddlers playing in a plastic pool.

But all of the above would be reason to invite a New York State Park Police investigation for BWI (boating while intoxicated) or BWAI (boating while ability impaired) charges and an arrest while on Lake Cayuga, Lake Seneca, or Lake Keuka.  

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

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

Ithaca Watkins Glen DWI lawyer: Boating While Intoxicated (BWI): Does it Affect Your License to Drive a Car in NY?

Cayuga Lake Photo taken from shores of Taughannock Falls Park, Ithaca, NY
Newman & Cyr, The DWI Attorneys 2016

Boating While Intoxicated (BWI):  
Does it Affect Your License to 
Drive a Car
In New York?

In June we start to get phone calls from people arrested by the NYS Park Police. The Park Police are the officers that patrol the waterways, and safeguard the state parks. Upstate we have lots of beautiful state parks and waterfalls. When they say "Ithaca is gorges" they are not fooling around. It is, and the natural surroundings give way to a carefree attitude.  

What draws people to Upstate New York, and particularly the Finger Lakes region are our deep clear lakes, gorges, and waterfalls. The reason that the wineries and the surrounding land is so fertile is because of the depth of the lake water. It tends to level out (balance) the harsh winter weather.

At Buttermilk Falls State Park, Watkins Glen State Park , Allan H. Treman State Park , Taughannock Falls State Park, Robert H. Treman Park, Stony Brook State Park, Fillmore Glen State Parks, Keuka Lake State Park you can swim at the base of a waterfalls, fish for salmon, bass, and trout then hike up gorges, and even camp in woods.

New York BWI (boating while intoxicated), and BWAI (boating while your ability is impaired) are NOT Under NY VTL (vehicle and traffic law)

NYS has specific boating laws under Section 49 called NYS Navigation law. The law for BWI and BWAI begins under Section 49-a. Operation  of a vessel while under the influence of alcohol or drugs.

This section and Navigation law is completely aside from all the DWI and DWAI law under NYS VTL (vehicle and traffic law) section 1192 for cars, motorcycles, golf carts, snow mobiles, and any other motorized land mover. 

In New York Vessels are Not Vehicles

So the good news is that operating a vessel on any body of water in NYS will not affect your privileges to drive a car. This is because a vessel is not a vehicle.

Operating a Vessel in an impaired or intoxicated state will affect your license to boat. You will have to take a boating safety course, and pay into a boating fund but as to the NYS DMV they have not as yet made the jump to your driving privileges.

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

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

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

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.

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

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