What penalties apply for operating a vessel while intoxicated in NY?

What the Law Says

New York treats boating while intoxicated (BWI) similarly to driving while intoxicated (DWI), with strict criminal penalties under the Navigation Law.

It is illegal to operate any vessel on New York waters while impaired by alcohol or drugs. The legal blood alcohol concentration (BAC) limit is 0.08% for most operators — the same as for drivers.

A first offense BWI conviction is a misdemeanor punishable by up to one year in jail, a fine between $500 and $1,000, and mandatory participation in a boating safety course and alcohol or drug rehabilitation program.

The operator’s driver’s license and/or boating privileges are revoked for at least 18 months for a first conviction, and longer for repeat offenses within a 3-year lookback period.

Statutory Text

A person is guilty of operating a vessel while intoxicated when he or she operates a vessel upon the waters of this state while in an intoxicated condition.

— Navigation Law § 49-a(1) — Operating a vessel while intoxicated

Statutory Text

For a first conviction… the court shall sentence such person to a fine of not less than five hundred dollars nor more than one thousand dollars and may sentence such person to imprisonment for not more than one year.

— Navigation Law § 49-a(4)(a) — Penalties for first conviction

Statutory Text

The commissioner shall revoke the motor vehicle driver's license or privilege of such person to operate a motor vehicle for a period of at least eighteen months.

— Navigation Law § 49-a(5)(a) — License revocation

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