Operating under the influence of drugs and alcohol - New York State

In New York, it is unlawful to operate a vessel (including PWC) or use water skis or a similar device while under the influence of alcohol or another impairing substance.

New York law defines boating under the influence (BUI) as operating a vessel or manipulating water skis or a similar device while having a blood alcohol level of 0.08% or greater, or if the operator is rendered incapable of safely operating the vessel due to having consumed impairing substances.

Additionally, “zero tolerance” penalties are enforced for operators under 21 years of age who have a blood alcohol level between 0.02% and 0.07%.

Anyone who operates on New York waters under the influence of alcohol or drugs faces severe penalties, including heavy fines, jail time and suspension from operating vessels if convicted. Your operating privileges may be suspended, pending a hearing, if you are stopped on suspicion of BUI and you refuse a breath test.