Will I Go to Jail for Boating While Intoxicated?

The penalties for BWI depend on several factors, including the severity of the offense, your prior BWI history, and the specific circumstances of your case.

Here’s a general overview of the possible penalties for BWI offenses in New York:

1.First-time BWI offense (Blood Alcohol Content of 0.08% or higher, or other evidence of intoxication):

• Possible jail time up to 1 year
• Fines ranging from $500 to $1,000
• Suspension of boating privileges for at least 1 year

2.First-time BWI offense with a Blood Alcohol Content of 0.18% or higher (Aggravated BWI):

• Possible jail time up to 1 year
• Fines ranging from $1,000 to $2,500
• Suspension of boating privileges for at least 1 year

Repeat BWI offenses generally result in more severe penalties, including longer jail sentences, higher fines, and longer suspension of boating privileges.

Judges have discretion in sentencing, and other factors such as your level of cooperation with law enforcement, your criminal history, and the presence of any aggravating or mitigating factors can influence the outcome of your case.

Boating While Intoxicated is a misdemeanor charge with up to 364 days in jail and 3 years probation as a maximum sentence.

However, sentencing is ultimately up to the Judge. Based on the circumstances of the case, jail time would only be necessary or likely in severe cases such as incidents involving injuries to others.