Operating any watercraft that is propelled by mechanical means while impaired or intoxicated by alcohol is illegal on all the waterways in the Rochester region.

A boater accused of operating a vessel while intoxicated in New York State will almost always be asked to take a breath test, and refusing to do so will result in additional penalties.

While these additional penalties may be imposed for refusing the breath test, in most cases a boater who refuses to take the breath test cannot be forced by law enforcement to take a breath, blood or urine test.

The law does provide, however, for a boater to be compelled to submit to a blood test under certain circumstances.

When a boater has been involved in an accident where someone was killed or suffered a serious physical injury, a police officer or the district attorney may ask a court to issue an order compelling the boater to take a chemical test to determine if he or she is intoxicated.

In addition to injury or death in the accident, the person requesting the order must establish that there is either reasonable cause to believe the boater is impaired or intoxicated by alcohol or, in the alternative, the boater must have taken a hand held breath test administered by the arresting officer and tested positive for the presence of alcohol.

Additionally, the applicant must convince the court that there is reasonable cause to place the boater under lawful arrest and the boater refused to voluntarily take the chemical test to determine blood alcohol content.

While the application must be made to a court that has jurisdiction in the area where the defendant was arrested, it does not have to be made in person.

Instead, the application can be made by telephone, radio or other electronic communication.

If you refused a breath test and need an experienced DWI lawyer, call us at 585-484-7432.