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 law prohibits operating a vessel while under the influence of drugs or alcohol.
A person can be convicted of boating while intoxicated for operating a vessel while:
In other words, a BUI conviction can be based on BAC concentration or actual impairment resulting from ingesting drugs or alcohol.
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.
The consequences of a New Jersey BWI conviction depend on the circumstances of the case. But generally, the possible penalties are:
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.
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.