Search Site
Menu

Penalties for boating while intoxicated in New York

During the summer months, many New Yorkers enjoy getting out on the water. A day on the boat is a great way to soak up some sun and enjoy water activities. For many, a day on the boat also means grilling and enjoying some adult beverages. While consuming alcohol on a boat is legal, consuming an amount that puts a person above the legal limit then operating a boat in not legal. Thus, individuals could face charges for boating while intoxicated if he or she is suspected of committing such a violation.

According to article 4 section 49 a of New York State Navigation Law, it is unlawful for a person to operate a vessel if he or she has a BAC of 0.008 percent or higher in their blood, breath, saliva or urine. Additionally, it is unlawful for a person to operate a vessel while in an intoxicated state no matter what his or her BAC is.

A violation of this law is considered to be a misdemeanor. This crime could be punishable by imprisonment of up to one year in jail and a fine between $500 and $1,000. If the accused has a previous charge for operating a boat with intoxicated, he or she could face a class E felony charge, which is punishable by imprisonment that is established by penal law and a fine between $1,000 and $5,000.

While it is a great way to unwind and enjoy the outdoors, drinking while boating can be a risky situation. Those facing charges for operating a boat while intoxicated should understand they have criminal defense options. By taking action, the accused could help reduce or even dismiss the charge against them, helping them avoid harsh penalties.

Leave a Reply

Your email address will not be published. Required fields are marked *

James L. Riotto Attorney Photo
James L. Riotto
Criminal Defense Lawyer

James L. Riotto is an accomplished criminal defense attorney serving clients in New York. With an extensive background in law enforcement and criminal prosecution, his approach to each case is unique and informed by years of experience with the New York criminal justice system. As a graduate from Albany Law School and before going on to start his own practice, James worked at the Albany County District Attorney's Office, where he helped prosecute many DWI offenses. His inside knowledge of the tactics used to gain convictions provides him with a particular advantage when defending against DUI and other criminal charges.

Adam D. Staier Attorney Photo
Adam D. Staier
Of Counsel

About Attorney Adam Staier has spent the last seven years practicing criminal defense law throughout upstate New York and the Capital Region. He began his legal career through internships in civil law, indigent legal representation and federal energy law regulation. Finding a passion in criminal law, Mr. Staier held internships handling both prosecution and defense…

William M. Swift Attorney Photo
William M. Swift
Associate Attorney

About William M. Swift is an associate attorney at the Law Office of James L. Riotto and brings 20 years of experience to our clients. His practice focuses on personal injury cases and criminal matters. He has successfully represented individuals in felony, misdemeanor cases. Additionally, he has extensive knowledge in DMV administrative proceedings involving suspensions…

  • What to do if pulled over for a DUI


    How to deal with a DWI traffic stop

    How you handle getting pulled over for a DUI/DWI can significantly affect your defense down the road. For instance, declining the officer's request to search your vehicle and avoiding specific answers when asked about any substances you may have consumed could help you when combating DUI/DWI charges in court.
    READ MORE
Reviews and Ratings
  • google
    5.0/5.0

    We'd give James & his staff 10 stars if we could. Very professional, very thorough & very kind. Never had a hard time reaching anybody for answers & they kept us up to date the entire time. Would recommend this office to everyone. Thanks guys!

    Read more

    Melissa Tiffany

  • google
    5.0/5.0

    These people are fantastic at what they do. I couldn't be more pleased with the outcome as a result of their representation on my behalf. Thank you!

    Read more

    Monica Taylor

  • google
    5.0/5.0

    My husband recently received an alleged moving violation for the first time. He received a citation of an alledged speed of 93/55 mph zone. He received this citation shortly before he received his CDL Class A drivers license. Thanks to expertise of T...

    Read more

    Muriel James

  • google
    5.0/5.0

    Great law firm, always got back to me promptly. Reasonably priced, the outcome of my case was in my favor. Definitely would recommend to anyone!

    Read more

    Jamie Roe

  • google
    5.0/5.0

    There is a reason James Riotto has four and half stars and 226, now 227, excellent reviews. He and his staff do excellent work and keep you informed of their progress as it happens.

    Read more

    Stanley Walek

See all reviews
Contact us

Quick Contact Form