The Law Offices Of  Brunetti & Ascione PLLC. DWI Law Firm in Long Island, NY - DWI Lawyers for Nassau County Court and for Suffolk County Court

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Criminal Defense Attorneys for BWI and BWAI in Nassau County and Suffolk County, NY

BWI AND BWAI - BOATING WHILE INTOXICATED AND BOATING WHILE ABILITY IMPAIRED

In order to get the Best Representation it is Important to Hire an Attorney that Concentrates his Practice in the Defense of BWI Criminal Cases and BWAI Criminal Trials. 

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MASSIVE CRACKDOWN ON BOATING WHILE INTOXICATED CASES

            One need only follow the media to see that that there has been a recent emphasis on the behalf of Law Enforcement and District Attorneys Offices to arrest and zealously prosecute people charged with BWI and BWAI.   Given the perceived danger, the Nassau County and Suffolk County Police Departments have allocated additional resources to this purpose.  The Suffolk County Police Department recently deployed its first BWI check point, resulting in several arrests. There also appears to be plans for these checkpoints to be redeployed again both in Suffolk and Nassau Counties.  While there has been a recent emphasis on BWI enforcement, statistics reveal that the number of boating accidents involving alcohol is rather small when compared to the more than 500,000 vessels that are currently registered in New York State.

            Currently,  a conviction for a BOATING WHILE ABILITY IMPAIRED ( BWAI)  or BOATING WHILE INTOXICATED ( BWI)  will not affect a personís license to operate a car; nor can  a previous conviction for a BWI  serve as a predicate to elevate an otherwise first time DWI misdemeanor arrest into a DWI felony arrest. However, recent legislation sponsored by State Senator Charles Fuschillo, Jr (R- Merrick) is about to alter this situation.  If passed, any conviction for either a BWI or a DWI within 10 years will elevate a second BWI or DWI conviction to a felony.  Moreover, a current conviction for a BWI and BWAI will not affect a personís license or privilege to operate a motor vehicle.  Likewise, a refusal to submit to a breath test or chemical test arising out of a BWI arrest will not affect a personís license to drive a motor vehicle and only will result in a suspension of oneís privilege to operate a vessel and a fine.  It is anticipated that the proposed legislation will also change this and will bring the current BWI statute into line with the current vehicle and traffic law governing DWI.  Therefore, future convictions or findings of refusals for BWI and DWI will affect both a personís privilege to operate a vessel and a motor vehicle. 

            An arrest on the charge of BWI is very similar to an arrest in a DWI case.  In both situations, the police use Standard Field Sobriety Tests (SFSTís) before affecting an arrest, and use the same equipment in taking the chemical test.  However, the validity of the SFST's in a marine environment are questionable at best, and often lead to false positives. The stiff consequences and future consequences of BWI convictions make it imperative that the person arrested for this crime obtain astute and knowledgeable DWI/ BWI trial attorneys such as those found at the firm of Brunetti and Ascione, PLLC. 

THE CURRENT LAW AND PENALTIES FOR BWI AND BWAI

BOATING WHILE ABILITY IMPAIRED (BWAI) Section 49-a (2) No person shall operate a vessel upon the waters of the state while his ability to operate such vessel is impaired by the consumption of alcohol.

 

Violation

 49-a(2)

Violation Operating a vessel while impaired

 

Second Violation Operating a vessel while impaired

 

Third Violation Operating a vessel while impaired

***MISDEMEANOR

 

 

 

 

 

Time Period

 FIRST

Conviction of same violation within 5 years

Conviction of the same violation two or more times within ten years

 

 

 

 

Fine Amount

$300-$500

$500- $750

$750- $1500

 

 

 

 

Jail Time

No more than 15 Days

No more than 30 Days

No more than 180 Days

 

 

 

 

 

Suspension

Privilege and/or vessel suspension 6-12 months

Privilege and/or vessel suspension 6-12 months

Privilege and/or vessel suspension 6-12 months

 

 

 

 

 

BOATING WHILE INTOXICATED (BWI)

49(b) No such person shall operate a vessel other than a public vessel while he has .08 of one per centum or more by weight of alcohol in his blood, breath, urine, or saliva.

49(c) No such person shall operate a public vessel while he has .04 of one per centum or more by weight of alcohol in his blood, breath, urine or saliva.

49(d) No person shall operate a vessel while he is in an intoxicated condition.

49(e) No person shall operate a vessel while his ability to operate such vessel is impaired by the use of a drug as defined by  section one hundred fourteen-a of the vehicle and traffic law.

 

   49(b)(c)(d)(e)

First Violation/ Operating a vessel while intoxicated ***Misdemeanor

***

Second Violation/ Operating a vessel while intoxicated

*** Class E felony

Third Violation/ Operating a vessel while intoxicated

*** Class D Felony

Time Period

 

FIRST

Conviction of the same violation within ten years

Conviction of the same violation two or more times within ten years

Fine Amount

$500-$1000

$1000-$5000

$2000-$10000

Jail Time

No more than 1 year

No more than 1 1/3 to 4 years

No more than 2 1/3 to 7 years

Suspension

Privilege and/or vessel suspension 12 months

Privilege and/or vessel suspension 24 months

Privilege and/or vessel suspension 24 months

 

For More Information And To Schedule a Free Consultation Call Our Office: 1 516 794-3500
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A BWI and BWAI Defense Lawyer Can Be Reached 
24 Hours A Day - 7 Days A Week In Case of an Emergency.
 
WE HAVE TWO CONVENIENT LAW OFFICE LOCATIONS:

Nassau County Office for a Nassau County BWI Lawyer

Suffolk County Office for a Suffolk County BWI Lawyer

 
170 Old Country Road, Suite 610
Mineola, New York 11501
Phone: 516-794-3500
490 Main Street,
Northport, New York
 
 

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Brunetti & Ascione PLLC

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