What are the penalties for boating while intoxicated in New Jersey?

Boating while intoxicated (BWI) is a serious offense in New Jersey that can lead to heavy fines, loss of boating privileges, and even jail time. The laws regarding BWI are similar to driving while intoxicated (DWI) laws for automobiles. It is illegal to operate any watercraft while under the influence of alcohol or drugs. Let’s take a closer look at the specific penalties you could face if charged with BWI in New Jersey.

BWI vs DWI

New Jersey statute 12:7-46 prohibits operating a vessel while intoxicated and is the basis for BWI charges in the state. This law is modeled after the state’s DWI law that bans drunk driving. As with DWI, BWI is considered a “per se” offense. This means that if your blood alcohol content (BAC) is 0.08% or higher, you can be charged with BWI regardless of whether your boating abilities were actually impaired.

The penalties for BWI are similar to those for a DWI conviction. In fact, a BWI offense will be counted the same as a DWI for the purpose of determining enhanced penalties for repeat offenders. So if you have prior DWI convictions, they will count when deciding the penalties for a BWI charge.

Penalties for First BWI Offense

If it’s your first BWI offense, here are the typical penalties you can expect:

• Up to $400 fine
• $230 fee for the Intoxicated Driver Resource Center (IDRC)
• Possible community service
• Possible jail sentence up to 30 days
• Loss of boating privileges for 1 year

In addition to the criminal penalties, a BWI conviction stays on your record for 10 years and can affect your car insurance rates. Some boat insurance companies may also drop your policy or raise your premiums if you have a BWI conviction.

Penalties for Second BWI Offense

The penalties go up if you are convicted of a second BWI charge within a 10-year period. Expect the following if it’s your second offense:

• Up to $500 fine
• 2-90 days in jail
• Loss of boating privileges for 2 years
• 30-90 day license suspension
• 48-96 hours of community service
• $230 fee for IDRC
• Ignition interlock device required

The mandatory jail time and loss of driving privileges really start to hurt for a second offense. And your car insurance rates will skyrocket with another BWI conviction.

Penalties for Third BWI Offense

A third BWI offense within a 10-year span is punished much more harshly. Expect the book to be thrown at you if convicted again, including:

• Up to $1,000 fine
• Mandatory 180 days in jail
• Loss of boating privileges for 10 years
• Loss of driver’s license for up to 10 years
• $230 fee for IDRC
• Ignition interlock device required

With a third offense, you are looking at 6 months of mandatory jail time. And losing your driving and boating privileges for 10 years each is devastating. Many people charged with a 3rd DWI or BWI offense end up pleading down to a lower charge to avoid the severe penalties.

Defenses Against BWI Charges

Because the penalties for BWI convictions quickly escalate, it’s important to fight the charges if you believe you have been wrongly accused. Here are some common defenses New Jersey DWI lawyers use against BWI charges:

• You were not operating the boat – If someone else was piloting the boat, you can’t be charged with BWI.
• No probable cause for stop – If the officer did not have sufficient reason to pull you over, the case could potentially get dismissed.
• Improper administration of chemical test – Mistakes in conducting the BAC test could invalidate the results.
• Rising blood alcohol level – Your BAC may have been under 0.08% when operating the boat and only surpassed the limit later at the station.
• Medical conditions – Some health issues like diabetes can mimic signs of intoxication during field sobriety tests.

An experienced New Jersey BWI lawyer will thoroughly examine the evidence and investigate whether any of these defenses apply in your case. Never simply plead guilty without exploring your options first.

Conclusion

New Jersey takes BWI offenses every bit as seriously as DWI charges. The penalties quickly escalate from fines and short license suspensions to lengthy jail terms and loss of driving and boating privileges for repeat offenders. That’s why it’s so important to fight the charges if you believe you have been wrongly accused. An aggressive defense lawyer may be able to get the charges against you reduced or even dismissed altogether. Don’t hesitate to consult an attorney if you are facing BWI charges in New Jersey.