Most people think of a Boating While Intoxicated charge as something separate from their driving record. A boat isn’t a car, after all. And a snowmobile conviction? That feels even more removed from everyday life on the road.
That instinct matches the statute. Under current New York law, a BWI or SWI conviction does not count as a prior offense for a felony DWI.
The felony DWI statute, VTL § 1193(1)(c), lists the earlier convictions that raise a new DWI to a felony: a conviction under Vehicle and Traffic Law § 1192 (subdivision 2, 2-a, 3, 4, or 4-a), or a Penal Law conviction for vehicular assault, aggravated vehicular assault, vehicular manslaughter, or aggravated vehicular homicide, within the preceding ten years. Convictions under the Navigation Law (BWI) and the Parks, Recreation and Historic Preservation Law (SWI) appear nowhere in it.
What Makes a DWI a Felony
Here is how the penalties climb when the earlier convictions are DWI-level convictions under § 1192:
| Charge Level | Max Fine | Max Incarceration | License Revocation |
|---|---|---|---|
| First DWI (Misdemeanor) | $1,000 | Up to 1 year (county jail) | Minimum 6 months |
| Second DWI within 10 years (Class E Felony) | $5,000 | Up to 4 years (state prison) | Minimum 1 year |
| Third DWI within 10 years (Class D Felony) | $10,000 | Up to 7 years (state prison) | Minimum 1 year |
Source: N.Y. Vehicle and Traffic Law §§ 1193(1)(b), 1193(1)(c), and 1193(2)(b).
Where a BWI, an SWI, and a DWI Do Connect
Each of the three laws counts its own earlier convictions. The boating statute, Navigation Law § 49-a, makes a BWI a Class E felony after an earlier BWI conviction within ten years, and a Class D felony after two. The snowmobile statute, Parks, Recreation and Historic Preservation Law § 25.24, makes a second SWI within ten years a misdemeanor with up to a year of jail exposure and a third SWI a Class E felony.
The road connects to the water through Navigation Law § 49-a(5-a), added by Tiffany Heitkamp’s Law in 2016. When a court sentences someone for a BWI, it must consider earlier convictions under VTL § 1192, looking back five or ten years depending on the level of the BWI charge. A DWI conviction follows you onto the water. A BWI conviction does not follow you onto the road.
Pending legislation would change that. Senate Bill S258, known as “Bryan Johnson’s Law,” would add a provision to VTL § 1192 telling a court that is sentencing a DWI to consider a prior BWI conviction. The Senate has passed it, and it is waiting in the Assembly Transportation Committee, so it is not law today.
The 10-Year Lookback Period
The key timeframe here is 10 years. New York uses a 10-year lookback period to count earlier convictions for the felony levels of DWI, BWI, and SWI. The one exception is a DWI after three earlier convictions, where the statute looks back 15 years.
It’s worth noting that the lookback clock starts from the date of conviction, not the date of the arrest. So even if the original incident happened more than a decade ago, what matters is when you were actually convicted.
What About BWAI and SWAI?
There’s an important distinction here. Boating While Ability Impaired (BWAI) and Snowmobiling While Ability Impaired (SWAI) are lesser charges, similar to DWAI on the road. Neither one is among the convictions listed in § 1193(1)(c), so neither raises a later DWI to a felony.
A prior DWAI on the road is a different matter. A DWAI conviction under § 1192(1) counts toward the higher penalties for a repeat DWAI within five or ten years, although it is not one of the convictions that makes a DWI a felony.
Does a BWI Affect Your Driver’s License?
This is a question we get a lot, and the answer is a bit nuanced. Currently, a BWI conviction does not directly suspend or revoke your automobile driver’s license. The penalties primarily target your privilege to operate a vessel.
However—and this is significant—the New York legislature has repeatedly introduced bills that would link BWI convictions to driver’s license suspensions. This legal landscape is actively evolving, so what’s true today could change with the next legislative session.
Even without a direct license impact, a BWI conviction is a misdemeanor on your record.
Why This Matters More Than People Think
Here’s the pattern we see: Someone picks up a BWI during the summer. Maybe they were on a boat with friends, had a few too many drinks, and got stopped by the marine patrol. They deal with it—pay the fines, accept the conviction—and move on. It feels like a one-time thing.
Then, years later, they’re pulled over while driving home and charged with a first-offense DWI. Under current law that BWI does not make the DWI a felony, and the DWI is charged as a first offense. The BWI stays on the record as a misdemeanor conviction, and the legislature keeps trying to connect it to the road.
The links that exist today are narrow. A prior DWI must be considered when a court sentences a BWI, and each of the boating and snowmobile statutes counts its own earlier convictions. A BWI does not count toward an SWI, an SWI does not count toward a BWI, and neither counts toward a DWI.
If a Prosecutor Treats a BWI or SWI as a Prior
If you’re charged with a DWI and the prosecution is relying on a prior BWI or SWI to push for felony charges, the first question is whether the statute allows it. VTL § 1193(1)(c) lists neither conviction. Your attorney should also be examining whether:
- The prior conviction is one that § 1193(1)(c) actually lists
- The original conviction was constitutionally valid
- The 10-year lookback period actually applies to your timeline
- The underlying facts of the prior case were handled correctly
Keeping an ineligible prior out of the case can mean the difference between a misdemeanor DWI and a felony that carries years in state prison. This is exactly the kind of detailed legal work that requires an attorney who understands how these charges connect across different types of vehicles and watercraft.
The Bottom Line
A BWI or SWI is a criminal conviction with penalties that escalate within boating and snowmobile law. Under current law it does not make a later DWI a felony, and a prior DWI gets weighed when a court sentences a BWI. Bryan Johnson’s Law and the license-suspension bills keep returning to the legislature, so the rules between roads and waterways could change.
If you’re facing a BWI, SWI, or DWI where a prior water or snowmobile conviction is being used against you, getting the right defense strategy in place early makes all the difference.
Disclaimer: This overview is for informational purposes only and does not constitute legal advice. Every case is unique—contact the DWI TEAM defense attorneys for personalized guidance.
