It is illegal to operate a boat while under the influence of alcohol or drugs on any of the public waterways in the Rochester area.

The New York State laws surrounding Boating While Intoxicated mirror, to a large extent, the laws for operating a motor vehicle while intoxicated.

This includes the possibility of enhanced charges for individuals who repeatedly are convicted of operating a boat while under the influence of alcohol or drugs.

The lowest level alcohol-related boating offense is Operating a Vessel While Ability Impaired by Alcohol.For a first time offender, this offense is a violation, which is not a crime.

If the operator has a prior alcohol-related boating offense within the past five years, the fines associated with a conviction are increased from between $300 and $500 to between $500 and $750, and the potential period of incarceration increases from 15 days to 30 days.

If the operator has two prior alcohol-related boating offenses in the past ten years, the offense is raised to a misdemeanor charge – which is a crime – and the potential penalties increase to a fine between $750 and $1,500 and up to 180 days of incarceration.

For the misdemeanor offenses of Operating a Vessel While Intoxicated, Operating a Vessel with .08% or Greater Blood Alcohol Content, and Operating a Vessel While Impaired by Drugs, a second offense within ten years will be increased to a class E felony charge with a potential fine of between $1,000 and $5,000 and up to four years of incarceration.

A third such offense within ten years will be a class D felony with a potential fine of between $2,000 and $10,000 and a potential jail sentence of up to seven years.

Repeat offenders are also subject to increased periods of time during which their privilege to operate a vessel on New York State waterways will be suspended.

Operating any type of vehicle or vessel while under the influence of alcohol may carry serious legal consequences.

If you have been arrested and need legal help, call us at 585-484-7432.