Relates to operating a vessel while under the influence of alcohol or drugs

5 Co-sponsors

• John A. DeFrancisco
• Kenneth P. LaValle
• Suzi Oppenheimer
• Michael H. Ranzenhofer
• David J. Valesky

BILL NUMBER:S7827

Title of bill

An act to amend the navigation law, the parks, recreation and historic preservation law and the vehicle and traffic law, in relation to operating a vessel while under the influence of alcohol or drugs

Purpose

To update laws on boating while intoxicated (BWI) and provide a measure of cohesiveness across the board for intoxicated operation of any vehicle.

Summary of provisions

Section 1 amends section 49-a of the Navigation Law to add provisions prohibiting aggravated BWI (.18 blood alcohol content or operating intoxicated with a child passenger) as well as operating under the combined influence of drugs and alcohol. Creates motor vehicle driver license suspensions for BWI convictions as well boating privilege suspensions for driving while intoxicated (DWI) convictions. Makes clear that a prior conviction for operating any other vehicle under the influence shall be considered a prior BWI for purposes of the enhanced penalty provisions for multiple BWIs.

Section 2 amends section 25.24 of the Parks, Recreation and Historic Preservation Law (PRHPL) to make clear that a prior conviction for operating any other vehicle while under the influence shall be considered a prior snowmobiling while intoxicated (SWI) conviction for purposes of the enhanced penalty provisions for multiple SWI convictions.

Section 3 amends section 1193 of the VTL to make clear that a prior conviction for operating any other vehicle while under the influences shall be considered a DWI conviction for purposes of the enhanced penalty provisions for multiple DWI convictions.

Section 4 amends section 510 of the VTL to include driver license suspensions provisions for BWI convictions.

Section 5 amends section 1193 of the VTL, to provide reference to boating privilege suspensions provided in the Navigation Law.

Section 6 provides that this act shall take effect 180 days after it shall have become law.

Existing law

Currently, Navigation Law section 49-a is not in parity with VTL section 1192. It does not include provisions for aggravated intoxicated operation and does not include a provision for operating under the combined influence of drugs and alcohol. Additionally, it does not connect boating privilege suspensions with the intoxicated operation of other vehicles; nor do the PRHPL or VTL provide for this linkage presently.

Justification

Current statistics show that one in every five boating accidents involve the use of alcohol. This bill seeks to make clear that operation of any vehicle while intoxicated is a serious offense. To that end, this bill updates provisions of the Navigation Law (includes aggravated BWI - .18 BAC or operating with a child passenger) and links the penalties for multiple intoxicated operation convictions across all types of vehicles. Thus, a prior DWI or snowmobiling while intoxicated conviction would be considered a prior BWI for the purposes of Navigation Law provisions punishing multiple BWI offenders; the same would be true of a DWI offender with a prior BWI, and so on. This linkage is meant to assert that the privilege to operate any vehicle in New York State is contingent upon an operator's ability to demonstrate his or her responsibility to operate sober, and that in failing to do so, an individual is jeopardizing his or her privilege to operate any vehicle.

Legislative history

New bill.

Fiscal implications

None.

Effective date

180 days.