Re: NYS Boating Laws- Alcohol
This should clarify things:
NEW YORK CONSOLIDATED LAW SERVICE
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*** THIS SECTION IS CURRENT THROUGH 2011 RELEASED CHAPTERS ***
*** 1-30, 50-54, 57-60 AND 62 ***
NAVIGATION LAW
ARTICLE 4. VESSELS
PART 1. VESSELS, GENERAL
Go to the New York Code Archive Directory
NY CLS Nav ? 49-a (2011)
? 49-a. Operation of a vessel while under the influence of alcohol or drugs
1. Definitions. As used in this section, unless the context clearly indicates otherwise:
(a) The term "vessel" shall be every description of watercraft or other artificial contrivance propelled in whole or in part by mechanical power and, which is used or capable of being used as a means of transportation over water, and which is underway and not at anchor or made fast to the shore or ground. The term "vessel" shall include a "public vessel" as defined herein unless otherwise specified.
(b) The term "public vessel" shall mean and include every vessel which is propelled in whole or in part by mechanical power and is used or operated for commercial purposes on the navigable waters of the state; that is either carrying passengers, carrying freight, towing, or for any other use, for which a compensation is received, either directly or where provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement.
(c) The term "waters of the state" means all of the waterways or bodies of water located within New York state or that part of any body of water which is adjacent to New York state over which the state has territorial jurisdiction, on which a vessel or public vessel may be used or operated, including Nassau and Suffolk counties.
2. Offenses: criminal penalties.
(a) No person shall operate a vessel upon the waters of the state while his ability to operate such vessel is impaired by the consumption of alcohol. A violation of this subdivision shall be an offense and shall be punishable by a fine of not less than [fig 1] three hundred [fig 2] dollars nor more than [fig 3] five hundred [fig 4] dollars, or by imprisonment in a penitentiary or county jail for not more than fifteen days, or by both such fine and imprisonment. A person who operates a vessel in violation of this subdivision after being convicted of a violation of any subdivision of this section within the preceding five years shall be punished by a fine of not less than five hundred dollars nor more than [fig 5] seven hundred fifty dollars, or by imprisonment of not more than thirty days in a penitentiary or county jail or by both such fine and imprisonment. A person who operates a vessel in violation of this subdivision after being convicted two or more times of a violation of any subdivision of this section within the preceding ten years shall be guilty of a misdemeanor, and shall be punished by a fine of not less than seven hundred fifty dollars nor more than fifteen hundred dollars, or by imprisonment of not more than one hundred eighty days in a penitentiary or county jail or by both such fine and imprisonment.
(b) No such person shall operate a vessel other than a public vessel while he has .08 of one per centum or more by weight of alcohol in his blood, breath, urine, or saliva, as determined by the chemical test made pursuant to the provisions of subdivision seven of this section.
(c) No such person shall operate a public vessel while he has .04 of one per centum or more by weight of alcohol in his blood, breath, urine, or saliva, as determined by the chemical test made pursuant to the provisions of subdivision seven of this section.
(d) No person shall operate a vessel while he is in an intoxicated condition.
(e) No person shall operate a vessel while his ability to operate such vessel is impaired by the use of a drug as defined by section one hundred fourteen-a of the vehicle and traffic law.
(f) A violation of paragraph (b), (c), (d) or (e) of this subdivision shall be a misdemeanor and shall be punishable by imprisonment in a penitentiary or county jail for not more than [fig 1] one year, or by a fine of not less than [fig 2] five hundred [fig 3] dollars nor more than [fig 4] one thousand dollars, or by both such fine and imprisonment. A person who operates a vessel in violation of paragraph (b), (c), (d) or (e) of this subdivision after having been convicted of a violation of paragraph (b), (c), (d) or (e) of this subdivision, or of operating a vessel or public vessel while intoxicated or while under the influence of drugs, within the preceding ten years, shall be guilty of a [fig 5] class E felony and shall be punished by a period of imprisonment [fig 6] as provided in the penal law, or by a fine of not less than [fig 7] one thousand dollars nor more than [fig 8] five thousand dollars, or by both such fine and imprisonment. A person who operates a vessel in violation of paragraph (b), (c), (d) or (e) of this subdivision after having been twice convicted of a violation of any of such paragraph (b), (c), (d) or (e) of this subdivision or of operating a vessel or public vessel while intoxicated or under the influence of drugs, within the preceding ten years, shall be guilty of a class [fig 9] D felony and shall be punished by a fine of not less than [fig 10] two thousand dollars nor more than [fig 11] ten thousand dollars or by a period of imprisonment as provided in the penal law, or by both such fine and imprisonment.
3. Privilege to operate a vessel; suspensions.
(a) The court shall suspend a person's privilege to operate a vessel and may suspend a vessel registration for:
(1) a period of at least six but less than twelve months where an operator is convicted of a violation of paragraph (a) of subdivision two of this section. In determining the length of such suspension or suspensions, the court may take into consideration the seriousness of the offense and may impose a period of suspension whereby such suspension may be in effect during a portion of the current or subsequent boating season;
(2) a period of twelve months where an operator is convicted of a violation of paragraph (b), (c), (d) or (e) of subdivision two of this section;
(3) a period of twenty-four months where a person is convicted of a violation of paragraph (b), (c), (d) or (e) of subdivision two of this section after having been convicted of a violation of paragraph (b), (c), (d) or (e) of subdivision two of this section or of operating a vessel or public vessel while intoxicated or under the influence of drugs within the preceding ten years.
(b) The court shall report each conviction recorded pursuant to this section to the commissioner of motor vehicles and the commissioner of parks, recreation and historic preservation on forms provided by the department of motor vehicles. Such reports shall include the length of any suspension imposed on the privilege to operate a vessel and any suspension imposed against a vessel registration. The department of motor vehicles shall maintain a record of all convictions and suspensions in order to effectuate the provisions of this section.
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