Effective June 14, 2023, state Navigation Law and Penal Law has been amended in relation to operating a vessel while intoxicated (BWI) with a person 15 years and younger who is a passenger in such vessel.

It is now a class E felony for a person 16 years of age or over to operate a vessel while intoxicated with a passenger 15 years of age or younger. This is like a driver convicted of DWI with a passenger under the age of 16, which is also a class E felony.

This new BWI offense escalates to a class D felony for repeat offenders who have been twice convicted of BWI in the preceding 10 years.

Furthermore, when sentencing for this new crime, courts must also consider prior convictions in the preceding 10 years for driving while intoxicated under state Vehicle and Traffic Law. In other words, your previous DWI offenses can be considered in sentencing someone convicted of BWI.

Convictions for first time offenders and for repeat BWI offenders will result in a 24-month suspension of the person’s privilege to operate a vessel and may result in a 24-month vessel registration suspension. Chemical test refusals and chemical test refusal hearings are applicable to this new crime.

In addition, a law enforcement officer must ensure that a report is made to Child Protective Services when the intoxicated operator of the vessel is the parent, guardian, custodian of, or other person legally responsible for, the person under age 15 who was a passenger in the vessel.

This new crime is an element of first-degree vehicular assault and first-degree vehicular manslaughter under Penal Law.

New York state is coming down hard on BWI, much like the state has previously done with DWI. When intoxicated, operating a boat, like operating a motor vehicle, is dangerous — don’t do it!