BWI & BWAI - Boating While Intoxicated and Boating While Ability Impaired
(Part II - Continued) From the Ensign, the magazine of the United States Power Squadron.
Part II - The High Price of BUI (Boating Under the Influence), Article from The Ensign, Magazine of the United States Power Squadron
New York State also defines the lesser offense of boating while ability impaired, or BWAI. In the case of BWAI, a BAC of 0.07 percent or higher, but less than 0.08 percent, is prima facie evidence that someone is not intoxicated, but impaired. If a person’s BAC is 0.05 percent or higher, but less than 0.07 percent, it is again prima facie evidence he is not intoxicated, but only relevant evidence that he is impaired. The term prima facie basically means the prosecutor’s case, on its face, is evident from the facts at hand. The penalty for a first time BWAI is a fine of up to $500. A second conviction in five years carries a sentence of up to 30 days and fine of up to $750. A third conviction in ten years is a misdemeanor and carries a sentence of up to six months and fine of up to $1,500.4
To put blood alcohol levels in a more tangible context, at 0.05% BAC, people experience impaired judgment, lowered alertness, and a release of inhibition. At 0.08% BAC, they experience poor muscle coordination (in terms of balance, speech, vision, and reaction) and an impairment of judgment, self-control, reasoning, and memory. At 0.10% BAC, the result is slurred speech, poor coordination, and slowed thinking.5
Perhaps one of the fundamental reasons for today’s strict BWI laws is the role alcohol plays in boating accidents involving fatalities and injuries. In 2013, alcohol was a contributing factor in 305 boating accidents in the United States.6 Additionally, drinking alcoholic beverages at the helm is seen as something people can choose not to do. The Coast Guard has compiled exhaustive statistics about the correlation of alcohol and boating accidents. But the meticulous detail of this data aside, one thing remains strikingly simple, which is that today’s BWI laws can carry serious consequences in terms of felony charges, prison sentences, and fines.
References: (1.) National Highway Traffic Safety Administration, The ABCs of BAC - A Guide to Understanding Blood Alcohol Concentration and Alcohol Impairment; (2.) 46 U.S.C. 2302(c); (3.) New York Navigation Law - Section 49; (4.) New York Navigation Law - Section 49; (5.) Centers for Disease Control and Prevention, Effects of Blood Alcohol Concentration; (6.) U.S. Coast Guard, Office of Auxiliary and Boating Safety 2013 Recreational Boating Statistics COMDTPUB P16754.27
Written for the United States Power Squadron
To put blood alcohol levels in a more tangible context, at 0.05% BAC, people experience impaired judgment, lowered alertness, and a release of inhibition. At 0.08% BAC, they experience poor muscle coordination (in terms of balance, speech, vision, and reaction) and an impairment of judgment, self-control, reasoning, and memory. At 0.10% BAC, the result is slurred speech, poor coordination, and slowed thinking.5
Perhaps one of the fundamental reasons for today’s strict BWI laws is the role alcohol plays in boating accidents involving fatalities and injuries. In 2013, alcohol was a contributing factor in 305 boating accidents in the United States.6 Additionally, drinking alcoholic beverages at the helm is seen as something people can choose not to do. The Coast Guard has compiled exhaustive statistics about the correlation of alcohol and boating accidents. But the meticulous detail of this data aside, one thing remains strikingly simple, which is that today’s BWI laws can carry serious consequences in terms of felony charges, prison sentences, and fines.
References: (1.) National Highway Traffic Safety Administration, The ABCs of BAC - A Guide to Understanding Blood Alcohol Concentration and Alcohol Impairment; (2.) 46 U.S.C. 2302(c); (3.) New York Navigation Law - Section 49; (4.) New York Navigation Law - Section 49; (5.) Centers for Disease Control and Prevention, Effects of Blood Alcohol Concentration; (6.) U.S. Coast Guard, Office of Auxiliary and Boating Safety 2013 Recreational Boating Statistics COMDTPUB P16754.27
Written for the United States Power Squadron