It is illegal to operate a boat propelled by mechanical power on any of the waterways under the jurisdiction of New York State while under the influence of alcohol.

For Rochester area residents, this includes operation on waterways adjacent to the state, such as Lake Erie and Lake Ontario, that fall under New York State jurisdiction.

While New York’s Boating While Intoxicated laws largely mirror its drinking and driving laws in terms of both the potential charges available and (aside from driver’s license sanctions) the penalties involved, there are some differences for boaters.

New York State has laws making it a misdemeanor to operate either a motor vehicle or a boat while the driver has a blood alcohol content of .08% or greater.

For motor vehicle drivers, however, New York State has a more serious misdemeanor offense – Aggravated Driving While Intoxicated per se – whendrivers blood alcohol content exceeds .18%.

It also has a felony “aggravated” offense for drivers who operate a motor vehicle while intoxicated with a child fifteen or younger in the vehicle – Aggravated Driving While Intoxicated with a Child.

The laws surrounding operation of a boat while under the influence of alcohol have no equivalent “aggravated” charges.

Also, because of difficulties that arose in prosecuting cases where a driver was under the influence of a combination of alcohol and a drug or multiple drugs, New York State added the offense of Driving While Impaired by the Combination of Alcohol and Drugs to the laws relating to motor vehicles several years ago.

While a boater may be charged either with operating under the influence of alcohol or under the influence of drugs, there is no equivalent offense in the laws surrounding the operation of boats that encompasses the combination of both alcohol and drugs.

It is dangerous to operate any vehicle under the influence of alcohol.

If you have been arrested for an alcohol-related offense, we can help you at 585-484-7432.