New Jersey's Boating While Intoxicated (BWI) Laws and Penalties

Similar to how New Jersey's DWI laws prohibit driving a car while intoxicated, the state also has laws that make it illegal to operate a boat while under the influence of drugs or alcohol. This article covers New Jersey's boating while intoxicated (BWI) laws and the penalties you'll face for a BWI conviction.

New Jersey's Boating While Intoxicated (BWI) Law

New Jersey law prohibits operating a vessel while under the influence of drugs or alcohol.

How New Jersey Law Defines "Under the Influence"

A person can be convicted of boating while intoxicated for operating a vessel while:

• impaired by alcohol, a narcotic, hallucinogenic, or habit-forming drug so as to alter the boater's "normal physical coordination and mental faculties [and] render such person a danger to himself as well as to other persons," or
• having a blood alcohol concentration (BAC) of .08% or greater.

In other words, a BUI conviction can be based on BAC concentration or actual impairment resulting from ingesting drugs or alcohol.

Boats and Vessels That are Subject to New Jersey's BWI Restrictions

The term "vessel" includes vessels that are "temporarily or permanently equipped with machinery for propulsion" or 12 feet or greater in length. So you can get a BWI while operating any motorized watercraft or watercraft that are not motorized but are at least 12 feet in length.

New Jersey's Boating While Intoxicated (BWI) Penalties

The consequences of a New Jersey BWI conviction depend on the circumstances of the case. But generally, the possible penalties are:

• First-offense BWI for alcohol impairment or .08% BAC. A first-offense BWI involving alcohol impairment or a BAC of .08% or greater but less than .1% carries $250 to $400 in fines, a one-year boating privilege suspension, and a three-month driver's license suspension.
• First-offense BWI for drug impairment of .1% BAC. A first-offense BWI involving drug impairment or a BAC of .1% or greater carries $300 to $500 in fines, a one-year boating privilege suspension, and a driver's license suspension of seven months to one year.
• Second-offense BWI. A second-offense BWI carries $500 to $1,000 in fines, 30 days of community service, 48 hours to 90 days in jail, and two-year suspensions of boating and driving privileges.
• Third or subsequent BWI. A third or subsequent BWI carries $1,000 in fines, at least 180 days in jail (the court can convert up to 90 days to community service), and ten-year suspensions of boating and driving privileges.

For purposes of determining whether a BWI is a second or subsequent offense, only BWIs that occurred within the past ten years count.

All convicted boaters must comply with the screening, evaluation, and referral requirements of the Intoxicated Driving Program (IDP) and complete a state-approved boating safety course.

Talk to an Attorney

The consequences of a New Jersey BUI are serious, and the facts of every case are different. If you've been arrested for boating under the influence, get in touch with an experienced DWI/BWI lawyer. A qualified attorney can explain how the law applies to the facts of your case and help you decide on your best course of action.