What's New...
What's New
July 2025 New York State has a new bill in the State Senate that provides for revocation of a person's driver's license if they are convicted of operating a vessel while under the influence of alcohol or drugs. It would amend current New York State Navigation Law and Vehicle and Traffic Law. This comes at around the same time that Florida Govenor Ron DeSantis signed HB 289, a bill to enhance penalties for boating under the influence. Boating While Intoxicated (BWI) and Boating While Ability Impaired (BWAI) are major causes of boating accidents.
Florida's new legislation comes in the aftermath of a tragic 2022 boating accident involving an operator who refused to submit to a breathalyzer test and was charged with felony vessel homicide in that boating accident which occurred on Biscayne Bay.
Read more about Boating While Intoxicated and Boating While Impaired (BWI & BWAI) and the role of such charges in boating accidents. Tim covered this topic for the United States Power Squadron - See Ensign Magazine, The High Price of BUI (Boating Under the Influence). In court, blood alcohol levels, or BAC will be admissible in determining liability in a boating accident (as well as commercial vessel accidents coming under the Jones Act. Further, marine insurance carriers could use such findings to deny insurance coverage under policy guidelines for both operators of recreational or commercial (Jones Act) vessels in an accident involving injuries.