New York State is home to more than 7,500 lakes, ponds and reservoirs and over 70,000 miles of rivers and streams, according to the New York State Department of Environmental Conservation. Boating on these waters can take the form of canoes, kayaks, personal watercraft, sailboats and motorboats.

So what’s better than to beat the summer heat with drinks on the water? Not so fast. Drinking and drug use while spending time on the water can have deadly consequences no matter what type of vessel you are operating, and can lead to a BUI — a boating under the influence infraction — or something even worse.

According to U.S. Coast Guard recreational boating statistics, alcohol use is the leading contributor to recreational boating deaths nationwide.

Unfortunately, some people tend to drink more alcohol than they normally might while on vacation or boating for a weekend on the water, which could lead to unforeseen problems including higher blood alcohol concentrations (BAC) and a risk for accidents and injuries, especially if the amount of alcohol in a beverage is greater than what someone is accustomed to at home.

Operating a Boat Under the Influence is Illegal

Operating a boat or personal watercraft under the influence of alcohol or drugs or a combination of the two is illegal in all 50 states. The federal legal limit for boating is 0.08% BAC — the same as for driving, and the federal legal limit is the same in New York state. For those under 21 years of age, the limit is between .02% and .07%, according to the driveaboatusa.com website. Penalties may include monetary fees and/or jail time.

It’s not just boat operators at risk. Intoxicated passengers account for a significant portion of boating fatalities — often by falling overboard. On party boats, pontoons and charter vessels, alcohol consumption and/or drug use among passengers can create a dangerous environment even when the boat operator is sober.

Therefore, it is important for boaters and personal watercraft operators to remain vigilant and cognizant of New York state boating laws when they are enjoying time on the water.

Protect Yourself With These Safe Boating Reminders

Operation Dry Water is a year-round joint operation from the New York State Park Police, State Department of Environmental Conservation, the U.S. Coast Guard, and other groups to heighten awareness, educate boaters, and increase law enforcement presence around state waters year-round. Operation Dry Water’s enforcement campaign offers the following reminders about boating under the influence:

• Alcohol is the leading contributing factor in fatal boating incidents.
• If you boat under the influence your voyage may be terminated, the boat may be impounded and the operator may be arrested. Penalties vary by state but can include fines, jail and loss of boating or even driving privileges.
• Alcohol use can impair a boater’s judgment, balance, vision and reaction time;
• Sun, wind, noise, vibration and motion —“stressors” common to the boating environment— intensify the effects of alcohol, drugs, and some medications;
• Alcohol use can increase fatigue and susceptibility to the effects of cold-water immersion.
• Alcohol is dangerous for passengers too because intoxication can cause slips, falls overboard and other dangerous incidents.

Further, if you boat under the influence of drugs or alcohol, you are endangering your life and the lives of others.

New York State-Specific Boating and Personal Watercraft Laws

While operating a boat or personal watercraft under the influence is a federal offense, New York also has its own penalties for drinking and driving a boat in its state-controlled waters. New York has many different classifications for boating under the influence (BUI), including:

• Boating while ability impaired by alcohol (alcohol-BWAI).
• Boating while ability impaired by drugs (drug-BWAI).
• Boating while intoxicated by drugs or alcohol (BWI).
• Boating with a BAC of 0.08% or more (BUI).

As of January 1, 2025, New York law requires all operators of motorized vessels, which includes boats and personal watercraft, hold a boating safety certificate, regardless of age, and carry the New York State Boating Safety certificate. To obtain the certificate, individuals who intend to operate a boat must successfully complete an online course.

To obtain a New York Safe Boating Certificate, operators of boats and personal watercraft must be at least 10 years of age, and children under the age of 10 are prohibited from operating boats in New York unless they are accompanied on board by an adult who is 18 years or older who possesses a valid Boating Safety Certificate, according to driveaboatusa.com.

Any person operating a personal watercraft, such as a JetSki, in New York must be at least 14 years of age and must have taken the Boating Safety Course. Otherwise, they must be supervised by a person who is at least 18 years of age and has obtained the required Boating Safety Certificate.

According to driveaboatusa.com, boating fines in New York State include:

• Failure to carry life jackets on board: fines upwards of $250.
• Failure to possess a New York Safe Boating Certificate: fines upwards of $250.
• Boat muffler infractions: fines upwards of $250.
• Boating under the influence: fines upwards of $1,000.
• Failure to report a boating accident: fines upwards of $1,000.

Boaters under 21 years of age who are caught drinking alcohol and operating a boat will have their boat operating privileges suspended or revoked under New York’s zero-tolerance law.

Tips for Safe Boating

In addition to refraining from alcohol and drug use when boating, the U.S. Coast Guard offers the following tips to ensure boaters are safe on the water:

Wear a life jacket. Each year, 75% of boating deaths are due to drowning and 87% of those victims weren’t wearing life jackets. Most states require children under 13 to wear a life jacket, and it is recommended that anyone older than that wear one as well. Boat operators are required by law to have a Coast Guard-approved wearable Personal Flotation Device (PFD) for every person aboard their vessel, with boats over 16 feet required to carry a throwable flotation device.

Take a Boating Safety Course. Knowing what you’re doing on the water makes all the difference. In addition to obtaining the New York State Boating certificate, you can find Coast Guard Auxiliary boating safety classes in your area here or go to the U.S. Power Squadrons website to find an America’s Boating Club course near you.

Use your engine cut-off switch (ECOS). An ECOS is usually a coiled bungee cord lanyard clipped to the operator’s life jacket or clothing with the other end connected to the cut-off switch, but there are now electric wireless models, too. Since 2021, an ECOS link has been required by law for anyone operating a boat in navigable U.S. waters. If you’re wearing one and you’re thrown from the boat, or fall away from the operating area, the engine will automatically shut off. This will prevent you from getting injured by the propeller if you’re in the water and make it easier to safely get back on the boat. You can find more information on ECOS devices here.

Register your emergency beacon. Your emergency beacon can save your life; when every minute counts, it helps rescuers find you quickly. You can register online on the NOAA website.

In conjunction with state and national measures to keep the waters dry during the summer, it is paramount that you know your rights — both as a driver and a passenger — when it comes to boating under the influence so you can best protect yourself, your community, and plans this summer season.

Ultimately, boating laws are in place to help keep all members of the greater New York state community safe when enjoying the waters of the great outdoors. By being cognizant of what alcohol and drug-related laws are in place when it comes to your boat operations, you can best keep yourself and your party safe.

If you have additional questions about your rights as a boater or other water vessel in New York State, or if you have been cited for violating the law, our team of attorneys is available to assist you today. Please call 8885294543″>(888) 702-2635 to schedule a consultation, or schedule a consultation online.

As a Partner at Tully Rinckey PLLC, Derrick Hogan, Esq. primarily focuses his practice on criminal defense and heads the Firm’s Criminal Practice in its Albany Office. Derrick has represented clients facing all types of criminal charges, at both the State and Federal level, ranging from simple traffic infractions to complex murder cases. He can be reached at info@tullylegal.com or at (518) 556-2249.