Chances are if you live in Nassau County and are fortunate enough to enjoy
your summers here, you either own a boat or know someone who does. Boating
on the waters surrounding Nassau County is as summertime as BBQs and beaches,
and can be some of the most fun you’ll ever have.
With that being said, the days of operating your boat and having a few
cocktails without the possibility of being arrested and prosecuted are
long gone. Every summer, law enforcement gets more and more stringent
on cracking down on “Boating While Intoxicated (BWI).” Today
the consequences of such an arrest, both from a criminal record standpoint
and a financial one, can be devastating.
Nassau County Boating Laws
New York Navigation Law §49-a is the controlling statute for the crime
of BWI in New York waters and mirrors the
Driving While Intoxicated statute under NY Vehicle and Traffic Law §1192. As with DWIs, the
legal limit for a breath alcohol concentration (BAC) is .08% and a refusal
to submit to a chemical test will still result in BWI charges under what
is commonly referred to as a
common law BWI. A conviction for a misdemeanor BWI carries with it the potential for
up to one year in jail, fines, mandatory boating safety classes and a
suspension of one’s boating license for one year. Additionally,
as New York does not have an expungement statute, a BWI conviction will
remain on one’s criminal record for the rest of that person’s life.
As with DWIs, there is a possibility under some circumstances to get a
BWI arrest “knocked down” to the violation known as “Boating
While Ability Impaired (BWAI)”. A violation of BWAI is not a misdemeanor
and while it stays on someone’s permanent record, it does so as
a violation of the law and not as a criminal act. With a BWAI conviction
the maximum amount of jail time that can be served is fifteen (15) days
and there is a mandatory loss of a boater’s license for ninety (90)
days. Fines and safety classes, as with the BWI conviction, will also
be imposed.
It should also be noted that a second conviction for BWI within ten (10)
years of the first conviction is a Class E felony, and someone could potentially
be sentenced to a maximum of 16 months to 4 years in prison, a suspension
of one’s boating license for up to twenty-four (24) months, inflated
fines and safety classes. Importantly, while a conviction for BWI or BWAI
does not result in the suspension or revocation of one’s automobile
driver’s license, these convictions are reported to the NY Department
of Motor Vehicles and therefore could (and will likely) cause an increase
in one’s auto insurance rates.
Contact a Nassau County BWI/BWAI Attorney
Successfully defending a BWI arrest and prosecution requires a criminal defense attorney who is familiar with the intricacies of chemical testing (whether it be the Intoxilyzer 5000, a urine test or a blood kit) and possesses the advocacy skills to successfully attack the “observations” of the arresting officer and the arguments relied upon by the prosecution in these cases. We at Foley Griffin pride ourselves on our skill and experience in zealously defending our clients who are accused of BWI or BWAI. If you find yourself in the unfortunate situation where your day on the boat turned into a day at the police precinct do not hesitate to call upon us to educate you and assist in your defense.