Last Updated on: 2nd June 2023, 05:31 pm

Boating While Intoxicated (BWI) – An Offense Not to be Taken Lightly

In New Jersey, a waterway adventure can quickly turn into a legal nightmare if you are caught Boating While Intoxicated (BWI). The offense of BWI is not to be taken lightly, as the State’s courts treat it in much the same way as a DWI. At Spodek Law Group, we understand the seriousness of the situation, and our experienced team, led by Attorney Todd Spodek, will help you mount a strong defense against the charges.

New Jersey’s Boating While Intoxicated Law

Operating a watercraft with a blood alcohol concentration (BAC) of 0.08% or greater is a per se offense, just like DWI. But even being “under the influence of alcohol or drugs” while operating a vessel can land you in trouble with the law. It is the job of the New Jersey State Police Marine Service Bureau and the US Coast Guard to police the waterways around New Jersey, and they use the same methods of determining intoxication as they would if you were driving.

Boating Safety Requirements in New Jersey

To operate a boat in New Jersey waterways, you must first complete a New Jersey State Police certified course in boating safety and receive a New Jersey Boating Safety Course Certificate. The operator of the boat must be at least 16 years old and, if under 17, the individual must be accompanied by a parent or guardian.

The Consequences of BWI

The penalties for BWI increase significantly after multiple offenses. For the first offense with a BAC that is 0.08% to 0.09%, the boat operator faces a suspension of their boating license for one year and a suspension of their motor vehicle driving privileges for three months. They will also face a fine of between $250 and $400, fees including $230 for the Intoxicated Driver Resource Center (IDRC), and a $1,000 surcharge per year for three years. There might also be a jail term of up to 30 days.

For a second offense within ten years of the first, both the boating privileges and driver’s license will be suspended for two years. The fine will be between $500 and $1,000, and the offender may face up to ninety days of community service or jail time. For the third offense within ten years of the second offense, the license for operating a boat and a motor vehicle will be suspended for ten years, and the offender will face fines and mandatory jail time. Refusing to take the Breathalyzer test when asked by law enforcement is also considered a serious offense in this situation, and will result in a period of suspension of both boating and driving privileges.

Don’t Wait to Take Action

Being charged with BWI is no laughing matter. It can have a lasting impact on your family and livelihood. But like a DWI, there are many defenses, and conviction is not always assured. At Spodek Law Group, we understand the nuances of BWI law, and our experienced legal team will work tirelessly to protect your rights and ensure that you receive a fair trial. Contact us today to schedule a free consultation.

Defense Strategies Against BWI Charges

If you are facing BWI charges, don’t give up hope. Our skilled defense attorneys at Spodek Law Group can develop a strong defense strategy for your case. We will challenge the evidence presented against you, including the Breathalyzer and field sobriety tests, which are notoriously inaccurate and subject to numerous errors. We can also investigate whether the arresting officers had probable cause to stop your vessel, or whether your rights were violated in any way during the arrest.

Contact Us for a Free Consultation

If you or a loved one is facing BWI charges, it’s essential to act quickly and contact an experienced defense attorney. At Spodek Law Group, our lawyers have a deep understanding of New Jersey’s boating laws and have successfully defended clients facing similar charges. We will provide you with compassionate and aggressive legal representation to ensure that your rights are protected, and you get the best possible outcome. Contact us today for a free consultation to discuss your case.