Recently, more attention has been directed toward the actions of boaters operating on local waterways in New Jersey. In Berkeley Township, a man was charged with a DWI after he drove his 40-foot boat at a high rate of speed onto land, crashing into the gazebo of a private residence. Luckily, neither the boat operator nor anyone at the residence was harmed. News stories such as this lead law enforcement agencies to crack down on the root cause. In this case, operating a boat while intoxicated was the culprit.
It seems that boaters who spend a day out on the water or who travel from bar to bar, do not see the dangers of operating their boat while drinking alcohol. According to experts, the fatigue of boating heightens the affect of alcohol on the body. The sun, constant vibration, and motion on the water, leaves the body more vulnerable and less capable of operating a boat. What would normally take two or three drinks on land may only take one drink on the water to be impaired.
Experts and law enforcement officers know this, and are taking precautions to keep the waterways safe. Through a joint program, with local and state police, the U.S. Coast Guard, and numerous other organizations, called Operation Dry Water, boaters are educated about the dangers of Boating Under the Influence (BUI). Most boaters seem to not be aware of the law which is similiar to a motor vehicle DWI or DUI. In fact, the controlling statutes for DWI and BUI are very similiar N.J.S. 39: 4-50 and N.J.S. 12:7-46. If convicted of operating under the influence of alcohol or drugs on the water, you will also lose your motor vehicle driver's license.
If you have been suspected of drunk driving, or driving while intoxicated on a New Jersey roadway, an officer will pull you over if he has probable cause to do so (usually by citing you for another motor vehicle violation). From there, any combination of psychophysical factors could give the officer further probable cause to test you for intoxication. It is essentially the same process on the water. If the officer believes you are operating your vessel while under the influence of intoxicating liquors or drugs (either legal or illegal) he will need to collect evidence that must be submitted at trial to prove that you were intoxicated or impaired. You can be convicted of a first tier, first offense DWI or DUI solely based on the officers observations and testimony at trial. The officer could testify that your speech was slurred, your eyes were glassy, and that you smelled of alcohol. This could be enough for the State to secure a conviction.
The officer might also ask you to submit to a chemical test using the Drager Alcotest® 7110; the most sophisticated and State mandated breath-testing device on the market. If you refuse to submit to the chemical test, you can be charged with a refusal which carries similar penalties to a per se DWI or DUI. However, if you submit to a chemical test and an Alcotest® 7110 reading is properly obtained, any reading above 0.08% will result in a per se DWI or DUI violation. Penalties increase depending on the motorist or boat operators BAC level (the higher the level, the more severe the penalty.) Penalties for a first offense can include: (1) forfeiture of license (both motor vehicle and boating) for up to 1 year, (2) a fine of $500.00 plus other administrative fees and penalties, (3) up to 30 days in jail, (4) participation and fulfillment of the fees and requirements of the Intoxicated Driver Resource Center (IDRC), and (5) at the court's discretion (but becomes mandatory if BAC is over 0.15%) the installation of an ignition interlock device might be required in your automobile.
A DWI conviction can be life altering and intrusive; don't take drinking and operating on the water lightly!
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