Boating While Ability Impaired

Boating While Ability Impaired (BWAI) is a charge in New York State (NYS) that pertains to operating a boat while impaired by alcohol or drugs, but without necessarily exceeding the legal blood alcohol concentration (BAC) limit associated with more serious charges like Boating While Intoxicated (BWI). This offense is a part of NYS’s efforts to enhance safety on its waterways and reduce the risks associated with impaired boating.

To be charged with BWAI in NYS, the boat operator’s ability to safely navigate and control the vessel must be impaired due to the consumption of alcohol or drugs. Unlike BWI, which is based on a specific BAC limit, BWAI focuses on the operator’s observable impairment and behavior. An individual can be charged with BWAI even if their BAC is below the legal limit of 0.08%, provided their ability to operate the boat safely is compromised due to impairment.

The legal framework for BWAI in NYS aims to deter boaters from consuming alcohol or drugs and then taking to the water, recognizing the potential dangers of impaired operation on lakes, rivers, and other bodies of water. This charge serves as a way to address impaired boating when the BAC is not significantly above the legal limit but still poses risks to the operator, passengers, and other individuals on the water. Legal penalties for BWAI offenses can vary based on the specific circumstances and applicable laws, but they are designed to discourage impaired boating and promote safer recreational activities on the state’s waterways.