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Overview of Boating While Intoxicated (“BWI”) Laws in New Jersey
New Jersey has a reputation as a driving state, featuring one of the densest interstate structures in the country and a massive web of turnpikes, bridges, tunnels, parkways, and traffic bottlenecks. New Jersey’s car culture is so strong that many residents refer to where they live not by town or street name but rather by exit number. Even Simon & Garfunkel sang, “Counting the cars on the New Jersey Turnpike, they’ve all come to look for America.”[1] While being in your car is an integral part of life in Jersey City, NJ and all parts of New Jersey, this state also boasts an increasingly popular boating culture. Especially during the summer, large numbers of people use New Jersey’s rivers, oceans, and bays for recreational boating. With so many people operating vessels, the potential for accidents causing property damage, injury, and death rises. This risk exponentially increases when the operator of the vessel is under the influence of alcohol or drugs.
The New Jersey laws governing boating while intoxicated (“BWI”) are similar, although not identical, to New Jersey’s DWI laws. Pursuant to NJ Rev Stat § 12:7-46 (2015), “No person shall operate a vessel on the waters of this State while under the influence of intoxicating liquor, a narcotic, hallucinogenic, or habit-producing drug or with a blood alcohol concentration of 0.08% or more by weight of alcohol.” Here’s an outline of the tiered-penalty system for BWI in New Jersey, as set forth in NJ Rev Stat § 12:7-46 (2015):
First Offense with Blood Alcohol Concentration (“BAC”) of .08%-.099%
Fines: $250 to $400
Revocation of Boating License: 1 year
Suspension of Driver’s License: 3 months
Misc.: All persons convicted also must comply with the screening, evaluation, and referral requirements of the Intoxicated Driving Program (IDP) and complete a state-approved boating safety course.
First Offense with BAC .10% or Higher
Fines: $300-$500
Revocation of Boating License: 1 year
Suspension of Driver’s License: 7 months to 1 year
Misc.: All persons convicted also must comply with the screening, evaluation, and referral requirements of the Intoxicated Driving Program (IDP) and complete a state-approved boating safety course.
Second Offense
Fines: $500-$1000
Community Service: 30 days
Revocation of Boating License: 2 years
Suspension of Driver’s License: 2 years
Potential Imprisonment: 48 hours to 90 days
Misc.: All persons convicted also must comply with the screening, evaluation, and referral requirements of the Intoxicated Driving Program (IDP) and complete a state-approved boating safety course.
Third or Subsequent Offense
Fines: $1000
Revocation of Boating License: 10 years
Suspension of Driver’s License: 10 years
Potential Imprisonment: 180 days (but court can convert up to 90 days of the sentence to community service)
Misc.: All persons convicted also must comply with the screening, evaluation, and referral requirements of the Intoxicated Driving Program (IDP) and complete a state-approved boating safety course.
Even if this is your first BWI offense, the consequences of a BWI in New Jersey are serious and can have a significant impact on your life. The stakes are just too high to fight these charges on your own. If you have been charged with a BWI in Jersey City, NJ or anywhere in the state of New Jersey, get in touch with an experienced BWI and criminal defense lawyer in Jersey City. I have extensive experience defending BWI charges, as well as other criminal and traffic charges, in the New Jersey court system. To schedule your free consultation with a BWI and criminal defense attorney in Jersey City, NJ, contact us online at the Law Office of Eric M. Mark or call (973) 453-2009.
