New York Boating While Intoxicated Lawyer
Recognized Criminal Defense for New York BWI and BUI Charges
If you’ve ever headed out on the water in your boat after having a few drinks, you might not have realized that boating while intoxicated is a crime. Both boating while intoxicated or BWI as well as boating under the influence or BUI are serious crimes. Both these crimes fall under New York Navigation Laws.
If you have been arrested for boating while intoxicated (BWI) or boating under the influence (BUI) in New York, you may be facing serious criminal penalties, fines, and the loss of your boating privileges. Many boat operators are surprised to learn that New York BWI laws closely mirror DWI laws for motor vehicles, and enforcement has become increasingly aggressive on lakes, rivers, and coastal waterways throughout the state.
At Raiser, Kenniff & Lonstein, our New York BWI lawyers defend individuals charged with alcohol- and drug-related boating offenses across the state. With decades of combined criminal defense experience, deep familiarity with New York courts, and a record of statewide recognition, our firm helps clients understand the process, protect their rights, and navigate BWI charges with clarity and confidence.
Call (888) 646-0025 or contact Raiser, Kenniff & Lonstein online. We are available around the clock to discuss your New York boating while intoxicated case and help you understand your options.
Understanding New York Boating While Intoxicated Laws
The New York Navigation Laws §49 Section A and Section B state that no person shall operate a vessel while intoxicated. That includes drugs as well as alcohol. These laws apply to motorized boats, vessels, and personal watercraft on any public waterway in New York State.
New York recognizes several alcohol- and drug-related boating offenses:
Boating While Intoxicated (BWI)
A misdemeanor offense if:
- The operator has a BAC of 0.08% or higher, or
- The operator’s ability to safely operate the vessel is substantially impaired by alcohol or drugs
For operators of commercial or public vessels, the legal limit is 0.04% BAC.
Boating While Ability Impaired (BWAI – Alcohol)
A non-criminal violation involving:
- A BAC between 0.06% and 0.07%, or
- Any measurable impairment caused by alcohol
Boating While Ability Impaired by Drugs (BWAI – Drugs)
A misdemeanor offense if drugs impair the operator’s ability to any extent, including prescription medications and illegal substances.
These offenses can carry criminal records, fines, jail exposure, and lengthy suspensions of boating privileges.
If you are detained, the officers will request that you consent to having your breath analyzed. They might also check urine, blood or saliva to learn the blood alcohol level. The result of that test can lead you to be arrested for a BWI or BUI.
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Raiser, Kenniff & Lonstein is here to help you get the results you need with a team you can trust.
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Personalized Legal StrategyWe don’t believe in one-size-fits-all solutions. Every case is handled with a custom legal approach tailored to your goals, your circumstances, and your future.
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We offer a risk-free evaluation of your case and are here to help you understand your legal options. We are available 24/7, day or night, to help you.
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Nationally recognized for results. Our attorneys have been ranked among the best in the U.S., Trusted for their strategy, skill, and relentless client advocacy
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Former ProsecutorsOur founding partners are both former New York prosecutors who bring unique experience and insights to every case, especially when it comes to going to trial.
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What Happens if I Am Charged with a BUI or BWI?
If you’ve been in an accident, the police might have reasonable cause to arrest you if they suspect you’re under the influence. They’ll ask you to submit to a breath test to determine whether you’ve had too much to drink. While you can refuse, that might cause the officer to immediately revoke your ability to drive your boat. It will be written in the report that you refused to have your breath tested. When your right to operate your boat has been revoked, you’re entitled to a hearing.
During the hearing, there are certain issues that will be addressed.
- Did the police have reasonable cause to believe you were driving under the influence?
- Did the police make a lawful arrest?
- Were you given warning about the results of a refusal?
- Did you still refuse to submit to testing?
Penalties for Boating While Intoxicated in New York
Penalties vary based on the charge and prior convictions:
BWAI (Alcohol) – First Offense
- Fine up to $500
- Up to 15 days in jail
- Boating privilege suspension of 6–12 months
BWI or BWAI Drugs – First Offense (Misdemeanor)
- Fine of $500–$1,000
- Up to one year in jail
- 12-month boating privilege suspension
Repeat Offenses
- A second offense within 10 years may be charged as a felony
- Potential prison sentences of up to 4 or 7 years depending on the charge
If a BWI involves injury or death, additional felony charges such as assault or manslaughter may apply.
Implied Consent and Refusal Consequences
Under New York’s implied consent law, anyone operating a vessel is deemed to have consented to chemical testing. Refusing a test can result in:
- Immediate temporary suspension of boating privileges
- A formal refusal hearing
- Civil penalties
- A suspension of boating privileges for at least six months if the refusal is upheld
Evidence of refusal is admissible in court, making early legal guidance critical.
An arrest, charge or conviction of boating while impaired or boating while intoxicated doesn’t impact your ability to drive a motor vehicle currently. Refusing to submit to a field sobriety test while boating will not have an impact on your license to drive a vehicle either.
If you’ve been arrested or charged with operating a vessel under the influence or while intoxicated, you’ll need a lawyer who knows exactly how to keep you out of jail. A skilled attorney might also be able to help you hold onto your license and avoid heavy fines.
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They treated me wonderfully and helped me out of a bind. I feel that this firm really cares.- Michelle A.
How Alex Lonstein Helps Clients Charged With BWI and DWI in Kingston and Upstate New York
For clients charged with BWI or DWI in Kingston and Ulster County, attorney Alex Lonstein brings deep, hyper-local insight to every case. The Lonstein family has practiced law in the Ellenville and greater Ulster County area for nearly 100 years across four generations, giving Alex a familiarity with local courts shaped by decades of hands-on experience.
Alex is known for his responsiveness and direct access. In many cases, he personally answers calls and texts from potential clients, helping them understand court paperwork, appearance dates, and what to expect next—often before anxiety and confusion set in.
Based on the charge, ticket, and scheduled appearance date, Alex can often explain:
- Which court will hear the case
- The typical structure of arraignments
- Common early procedural steps
- How BWI and DWI cases usually move through local courts
This guidance is grounded in experience and familiarity, not promises or guarantees. Clients benefit from knowing what to expect and having an attorney who understands the rhythms of Kingston-area courts.
A Statewide Reputation Backed by Recognized Excellence
Raiser, Kenniff & Lonstein is widely recognized for criminal defense excellence across New York:
- Selected multiple times to Super Lawyers for criminal defense and related practice areas, based on peer evaluation and professional achievement
- Steven Raiser holds a Martindale-Hubbell AV Preeminent® Rating, including recognition in both the Judicial Edition and as a Client Champion
- Thomas Kenniff has been included in Best Lawyers in America
- The firm has been recognized by U.S. News & World Report and ranked in U.S. News – Best Law Firms (including 2016, 2018, and 2020 editions)
- Selected to Top 100 Trial Lawyers by The National Trial Lawyers
- Recipient of the Award for Excellence in Public Service from the New York State Bar Association
- Consistently strong client feedback, including 4.9-star or higher ratings where supported by on-site sources
These recognitions reflect long-standing respect within the legal community and a commitment to diligent, client-focused defense.
Speak With a New York Boating While Intoxicated Lawyer Today
BWI charges can move quickly and carry long-term consequences. Having a lawyer who understands New York boating laws, local court procedures, and enforcement tactics can make a meaningful difference in how prepared you feel throughout the process.
Call us at (888) 646-0025 or contact us online. We are available around the clock, and we are standing by to help you.