All Laws Decoded

Boating Under the Influence in New York

How New York law treats boating under the influence (bui): what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Operating a vessel with a BAC of 0.08% or more (0.04% for a public vessel), or while intoxicated or impaired by drugs, is a misdemeanor for a first offense: a fine of $500 to $1,000, up to one year in jail, or both, and a 12-month suspension of vessel operating privileges. N.Y. Navigation Law 49-a(2), (3)

Boating under the influence (BUI)Operating a vessel with a BAC of 0.08% or more (0.04% for a public vessel), or while intoxicated or impaired by drugs, is a misdemeanor for a first offense: a fine of $500 to $1,000, up to one year in jail, or both, and a 12-month suspension of vessel operating privileges. A second violation within 10 years is a class E felony with a $1,000 to $5,000 fine and a 24-month suspension; a third within 10 years is a class D felony with a $2,000 to $10,000 fine. Boating while ability impaired by alcohol is a lesser offense with a $300 to $500 fine, up to 15 days in jail, and a 6- to 12-month suspension.

More New York criminal law

FAQ

What is the penalty for boating under the influence in New York?
Operating a vessel with a BAC of 0.08% or more (0.04% for a public vessel), or while intoxicated or impaired by drugs, is a misdemeanor for a first offense: a fine of $500 to $1,000, up to one year in jail, or both, and a 12-month suspension of vessel operating privileges. A second violation within 10 years is a class E felony with a $1,000 to $5,000 fine and a 24-month suspension; a third within 10 years is a class D felony with a $2,000 to $10,000 fine. Boating while ability impaired by alcohol is a lesser offense with a $300 to $500 fine, up to 15 days in jail, and a 6- to 12-month suspension.
Can I get a court-appointed lawyer for boating under the influence (bui) in New York?
New York's rule on court-appointed lawyers: Each county (and New York City) must operate a plan for providing counsel to persons charged with a crime who are financially unable to obtain counsel, through a public defender, a legal aid bureau or society, a bar association assigned-counsel plan or conflict defender, or a combination (County Law § 722). Judges decide eligibility; providers often screen applicants and make recommendations. Under the statewide eligibility standards of the Office of Indigent Legal Services (issued under Executive Law § 832), income at or below 250% of the Federal Poverty Guidelines is one of four presumptions of eligibility, an applicant who is incarcerated, detained or confined to a mental health institution is presumptively eligible, and applicants above the income line are not automatically denied. ILS publishes an Assigned Counsel Eligibility Application Form. N.Y. County Law § 722; Executive Law § 832; ILS Eligibility Standards
What happens after an arrest for boating under the influence (bui) in New York?
How release before trial works in New York: The court issues a securing order after making an individualized determination about the risk that the principal will not return to court, and must explain its choice on the record or in writing. The court shall release the principal pending trial on the principal's own recognizance, unless it finds that release will not reasonably assure the principal's return to court; the court must consider the kind and degree of control or restriction necessary to reasonably assure the principal's return to court. Monetary bail or remand is available only for a 'qualifying offense' listed in § 510.10(4) (for example, any crime alleged to have caused the death of another person); for a qualifying offense the court may release on recognizance or non-monetary conditions, fix bail, or (for a felony) commit the principal to the sheriff. When monetary bail is authorized, the court must consider the principal's individual financial circumstances. If the principal is financially unable to obtain counsel, counsel shall be assigned. N.Y. Crim. Proc. Law § 510.10 What happens after an arrest.
Can a conviction for boating under the influence (bui) be removed from my record in New York?
Each state sets its own rules for sealing or expunging records. See New York expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.