Charged with Boating While Intoxicated (BWI)?

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When it comes to Boating While Intoxicated (BWI) – don’t risk your family, your license, your job, or your financial future. Our Attorneys have the experience to defend you and fight your Boating While Intoxicated (BWI) charge. Our relationships and understanding of local courts, judges and prosecutors are key to helping our clients get the best possible legal outcomes.

Defending Boating While Intoxicated (BWI) Charges in New York State: Strategies and Considerations

Aggravated DWI is a more serious charge than a regular DWI in New York State. It is defined as driving with a blood alcohol content (BAC) of 0.18% or higher. The legal limit for drivers 21 years of age and older is 0.08%. So, an aggravated DWI charge means that the driver was twice over the legal limit.

The penalties for a first offense aggravated DWI in New York State are:

  • A fine of $1,000 to $2,500
  • A mandatory one-year driver’s license revocation
  • Installation of an ignition interlock device (IID) for at least one year
  • Up to one year in jail

The penalties increase for subsequent aggravated DWI offenses. For example, a second aggravated DWI offense within 10 years is a Class E felony, which carries a possible sentence of up to four years in prison and a fine of up to $5,000.

There are other factors that can aggravate a DWI charge in New York State, such as:

  • Driving with a child under the age of 15 in the car
  • Causing an accident while driving drunk
  • Driving with a BAC of 0.25% or higher
  • Refusing to take a chemical test

Here are some additional things to keep in mind about aggravated DWI in New York State:

  • The prosecution must prove that your BAC was 0.18% or higher beyond a reasonable doubt.
  • You have the right to refuse a chemical test, but if you do, your driver’s license will be automatically revoked for one year.
  • You can be charged with aggravated DWI even if you are not visibly impaired.
Penalties for a Boating While Intoxicated (BWI) Charge in New York State

The penalties for Boating While Intoxicated (BWI) charges in New York State (NYS) can vary depending on factors such as the level of impairment, prior convictions, and the circumstances of the offense. While my knowledge is current as of January 2022, it’s essential to check the most recent laws and regulations for any updates to penalties. Here’s an overview of the potential penalties associated with BWI charges in NYS:

  1. Fines: BWI convictions can result in fines, which can vary in amount. The specific fines may depend on factors such as prior BWI convictions and the individual’s blood alcohol concentration (BAC).
  2. License Suspension: A BWI conviction typically leads to the suspension of the boater’s operating privileges. The length of the suspension can vary, and it may be more severe for repeat offenders.
  3. Probation: In some cases, individuals convicted of BWI may be placed on probation. Probation involves regular check-ins with a probation officer and adherence to specific conditions.
  4. Mandatory Alcohol Education Programs: Courts may require individuals convicted of BWI to complete mandatory alcohol education or treatment programs. These programs aim to raise awareness about the dangers of boating under the influence and may be a condition of probation.
  5. Ignition Interlock Device: For repeat BWI offenders, the court may require the installation of an ignition interlock device on their boats. This device measures the operator’s sobriety before allowing the boat to start.
  6. Community Service: Courts can impose community service as part of the penalties for BWI convictions. The number of community service hours may vary based on the case.
  7. Criminal Record: A BWI conviction results in a criminal record, which may have long-term consequences, such as difficulties with future employment and travel.
  8. Increased Insurance Costs: Just like DUI or DWI convictions for driving, BWI convictions can lead to increased insurance premiums for boat owners.

It’s crucial to consult with a legal professional if you’re facing BWI charges, as they can provide guidance on the specific penalties that may apply to your case and explore potential defense strategies. Additionally, the penalties mentioned here are subject to change based on updates to New York state laws and regulations, so it’s advisable to verify the most current information from a reliable source or legal expert.

Building a Robust Defense Strategy

Evaluating the Traffic Stop: The foundation of any BWI defense begins with a thorough examination of the traffic stop. Was there probable cause to initiate the stop? Were the proper procedures followed by law enforcement? Any violations of the defendant’s Fourth Amendment rights can significantly impact the case’s validity.

Challenging Sobriety Tests: BWI cases often involve field sobriety tests, which can be subjective and prone to human error. Our experienced attorneys meticulously scrutinize the administration of these tests to identify any inconsistencies or improper procedures that could undermine their reliability.

Questioning Chemical Tests: Chemical tests, such as breathalyzers, urine or blood tests, are crucial pieces of evidence in BWI cases. However, these tests are not infallible. Our legal team will investigate whether the testing equipment was properly calibrated, maintained, and operated by certified personnel. If there are discrepancies, the validity of the test results can be called into question.

Medical Conditions and Prescription Medications: Some medical conditions and prescription medications can lead to impaired driving without the presence of alcohol or illegal drugs. Our defense strategy explores the possibility of a medical condition or medication affecting the defendant’s ability to operate a vehicle safely.

Constructing Alternative Explanations: We work closely with our clients to gather detailed accounts of the events leading up to their BWI charge. By understanding the context and circumstances, we can build alternative explanations for their behavior that may not necessarily point to impairment.

Navigating Legal Options

Our legal team is well-versed in the nuanced laws of New York State, including its Boating While Intoxicated statutes and sentencing guidelines. Depending on the specifics of the case, we can pursue various legal avenues:

Negotiating Reductions: Through skillful negotiation, we aim to secure reductions in charges or penalties, such as obtaining a plea deal to a lesser offense or pursuing enrollment in a substance abuse education program.

Challenging Evidence in Court: If necessary, we are prepared to take the case to trial. Our experienced litigators will present a strong defense, cross-examine witnesses, and challenge evidence in court to achieve the best possible outcome.

Protecting Driving Privileges: BWI convictions can result in the suspension or revocation of driving privileges. We will advocate for our clients to retain their driving rights whenever possible.

Conclusion

Facing a Boating While Intoxicated (BWI) charge in New York State can be a daunting experience, but the DWI Team is dedicated to providing unwavering support and exceptional legal representation. Our extensive knowledge of the legal landscape, combined with our commitment to protecting clients’ rights, empowers us to construct robust defense strategies tailored to each unique case. From dissecting the traffic stop to challenging sobriety tests and negotiating favorable outcomes, we stand as the shield against BWI charges, advocating for the best interests of our clients at every turn.

Frequently Asked Questions

BWI stands for Boating While Intoxicated. It is a legal charge that pertains to operating a boat while under the influence of alcohol in New York.

 

The legal BAC limit for boating in New York is typically 0.08%, which is the same as the limit for driving a vehicle.

 

You can consume alcohol on a boat, but you should not operate the vessel while impaired by alcohol. The legal restriction pertains to the operation of the boat while intoxicated.

 

Law enforcement officers may assess a boater’s sobriety through field sobriety tests or chemical tests, such as breathalyzer tests, to measure their BAC.

 

Penalties for BWI can include fines, license suspension, probation, mandatory alcohol education programs, ignition interlock devices, community service, and a criminal record. The specific penalties may vary based on the case.

 

Yes, BWI is considered a criminal offense in New York, and a conviction can result in a criminal record.

 

Refusing a breathalyzer test in New York can result in consequences, such as license suspension. It’s generally advisable to cooperate with law enforcement, but you may want to consult an attorney for guidance.

 

Yes, prior BWI convictions can lead to enhanced penalties, including longer license suspensions and higher fines.

 

New York may offer conditional or restricted licenses in some cases, allowing individuals to operate a boat for specific purposes during their suspension period.

 

Defending against BWI charges may involve challenging the evidence, questioning the legality of the stop or arrest, or asserting that you were not impaired. Consult with a legal professional to discuss the specific details of your case and explore potential defense strategies.

If you have any other questions, please contact us at info@dwiteam.com

Please note that laws and regulations can change over time, so it’s important to consult with a legal professional or refer to official sources for the most up-to-date information regarding Boating While Intoxicated (BWI) in New York State.

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Proven team that provides results through advocacy.

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

It is not so easy to find a DWI attorney. People sometimes treat, and attorneys represent DWI charges as if they were simple traffic tickets. As a result, it can dramatically affect someone’s job, finances, freedom, and their ability to be valued members of our society.

With the government having access to an unlimited amount of resources to convict people, many times, people are forced to plead guilty to something that they either were not guilty of or something that would affect the rest of their life.

That’s why if you are facing a DWI charge, you need a competent, experienced, and respected attorney to defend you. The DWI TEAM is comprised of some of the most accomplished DWI professionals in New York state. Nave Law Firm has brought together these exceptional professionals as The DWI TEAM to offer DWI defense services of the highest order. With Nave Law Firm’s leadership, The DWI TEAM provides our clients with seamless service using the most cutting edge defense strategies in seeking the best outcome possible in their case.

Why work with the DWI TEAM?

DWI laws apply universally to all courthouses in New York. However, every courthouse has its own culture and expectations about how a DWI case should be prosecuted and punished. The local attorneys for the DWI TEAM have worked in courts throughout the counties in New York and have intricate knowledge of the culture, rules, and procedures prevalent in each courthouse. They know how to pitch their case and tailor a defense accordingly. The attorneys that represent the DWI TEAM have also fostered and developed a professional relationship with the judges, court staff, and prosecutors of each courthouse.

With a FREE consultation and our Best Price Promise – we are your unbeatable choice. We offer payment plans as low as $500 down and work closely with our clients to ensure you can afford quality representation. If we don’t believe we can help, we won’t take any money.

The attorneys with the DWI TEAM understand the stress involved in facing criminal charges. They particularly understand the complexities and complications of fighting a DWI case. For that reason, our attorneys are accessible to clients, answering their calls directly and promptly. Our staff provides moral and emotional support to clients at every stage of a DWI proceeding – from the inception of the case to post-conviction progress reports.

If you or a loved one has been charged with a DWI or any other driving offense, contact the DWI TEAM. We will carefully examine the specifics of your case, and if we do not feel we can help you, we will not take any money.

Contact us anytime 24/7/365 by calling (800) 570-1810 >

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Our client was involved in a head-on collision and charged with DWI. In light of her prior DWAI conviction, she faced possible jail time and revocation of her driver license. Our efforts on her behalf yielded a result that pleased the client and her husband. She pleaded guilty to the reduced count of DWAI and a traffic violation, and she avoided the more serious penalties allowed by law.
Law enforcement said our client had a BAC of 0.21 and had caused an accident in which he rolled his vehicle. During extensive negotiations with the prosecution, we were able to demonstrate that the accident was caused by inclement weather and our client had extensive equities from prior military combat experience. The result was an offer to a DWAI which is a non-criminal traffic infraction that – due to the accident and high BAC – was significantly outside of the District Attorney’s reduction policy.
Our client is an air traffic controller for the Army and holds a security clearance. He was snowmobiling the night of his arrest and was stopped on his way home for operating a snowmobile after midnight. He was arrested and taken to the station where he blew a .23. Our attorneys explained that our client would lose his job/career with a misdemeanor conviction. By presenting legal proof regarding the BAC and equities tied to his career, we were able to obtain an SWAI (no criminal) result, protect our client’s job, and have the record of his conviction sealed.
Our client was arrested for DWI, Leaving the Scene of a Personal Injury Accident, and Failed to Keep Right. It was unclear if our client or his friend was driving. Our client was very concerned as he is in the process of becoming a Corrections Officer and a DWI conviction would make that difficult, if not impossible. Our attorneys discovered our client was in possession of valuable information that could assist the DA’s Office in felony prosecutions. In exchange for our client’s cooperation with all testimony at Grand Jury the DA’s Office dismissed the case in the interests of justice. Our client was left with no criminal record and his career plan of becoming a Corrections Officer intact.
Our client’s initial offer was to plead guilty to a DWI, with a BAC of .27. This would leave our client with a criminal record for the rest of his life. We believed there was an issue with the stop, so we pushed forward. At hearings the officer said he stopped the vehicle because of a welfare check. He admitted there were no traffic infractions and that the stop was based solely on the concern for the wife. After the hearings, we submitted a memo of law outlining our issues. In the end, the Judge ruled that this was in fact, a bad stop and suppressed all the evidence and as a result, the case was dismissed.
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Clients speak for our work.
They are amazing people will answer all your questions and make you feel very comfortable about your situation. Andrew and his team was the best thing i could have asked for, and they are very nice and fast with communication. Overall great people!
This team responded right away, came up with a plan and acted on it right away. Very reasonable and flexible with payment plans and very understanding with my situation if I was in a bind with finances. You can tell they actually want to help you. Highly recommend!
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