Long Island BWI Lawyer |
| Print | |
|
Long Island BWI Lawyer Being charged with BWI (boating while intoxicated) is a serious offense that requires the competent representation of a qualified Long Island BWI lawyer. Many people don’t think twice when it comes to drinking while boating. In fact, having a few beers while out on the lake is often part of a routine that many people enjoy because they associate both boating and drinking with relaxation and rest. But the truth is that it is illegal to operate a boat, Jet Ski, or other type of water-craft while intoxicated. In the state of New York, that means that your blood alcohol content or BAC cannot be greater than 0.08%, or, if you are a minor, 0.02%. A BWI charge is just as serious as a charge of operating a motor vehicle while under the influence of alcohol or drugs – the big difference is that you were operating a boat when you were charged. Dangers of BWI Some studies have shown that operating a boat while under the influence of alcohol can be even more dangerous than driving a motor vehicle on the roadway after drinking too much. This is because factors like vibration and motion coming from the boat, the noise of the engine, the sun, wind, and sea spray, can increase the effects of alcohol or drugs on the brain. And since most folks have a lot less experience driving a boat than they do a car, this can make for a dangerous situation for the driver, passengers and others on the water. Consumption of alcohol or drugs can affect the skills that you need to properly steer and maneuver a boat or other water-craft, like your ability to focus, night vision, coordination, peripheral vision, judgment, reaction time, and balance. BWI is a factor in over 1/3rd of all boating accidents, which means that law enforcement and the courts take this charge very seriously. BWI Penalties If law enforcement suspects that you may be boating drunk, they have a right to stop your boat and administer field sobriety tests to you. If you are over the limit, you will be arrested and face the penalties of BWI. These penalties are nearly identical to the penalties that you would face in a DUI case. BWI penalties can include jail time, fines and fees, probation, and revocation of your driving privileges. The charge will be noted on your record for an indefinite period of time, making it difficult for you to get a job in some instances. Defenses for BWI Not everyone who is accused of boating while drunk is guilty. Your Long Island BWI lawyer can help you to put on the best defense for your BWI, based on the facts of your case. For example, it is sometimes the case that the equipment that law enforcement uses to determine intoxication (like the breathalyzer) has some type of flaw or malfunction. This can cause the results of your field sobriety tests to be in error. Your Long Island BWI lawyer at LI-Lawyers.Com can help you to understand the different possible defenses that might be true in your case. Basically, BWI is a DUI in a boat, and being charged with BWI is a serious matter. Contact your Long Island BWI lawyer as soon as possible following your BWI arrest to minimize the damage of your case. With both significant experience in the criminal law, and holding a United States Coast Guard Master’s license, Joseph L. Grosso is uniquely qualified to represent clients charged with Boating While Impaired (BWI) or other offenses involving the Navigation Law. Joseph L. Grosso is a lifelong boating enthusiast on Long Island, having owned and operated boats for over Forty-five years. Knowledge of boating and navigation principles is critical in evaluating and analyzing the viability of criminal charges brought involving the use and operation of boats on Long Island waters. Boating while impaired, while similar to the Driving While intoxicated charge, involves subtle differences between the two charges that require an understanding of the marine environment where such charges occur. Sea conditions, wind, weather, tides and currents can have an impact on a criminal charge brought based on the operation of a boat. The ability to obtain, evaluate and utilize such information in formulating a case analysis and defense cannot be overstated. Boats and cars operate in very different environments and have vastly different rules of the road. As a licensed Captain, Joseph L. Grosso has the knowledge and experience to represent those charged boating related offenses in a manner to insure the best possible outcome. |
|
