Most BUI / BWIs are charged as misdemeanors. If someone violates paragraph B, C, D, or E in subdivision 2 of the New York Navigation Law § 49-A, you are subject to punishment by imprisonment in a county jail for no more than ninety (90) days, or by a fine or no less than $350 and no more than $500, or both fine and imprisonment. If you have been convicted within the previous 10 years of operating a vessel under the influence of drugs or alcohol, you will be convicted of a misdemeanor, punishable by at most one year imprisonment or by a minimum fine of $500 or maximum or $1500, or both fine and imprisonment. If convicted twice within the past 10 years, you will be guilty of a class E felony, punishable by a fine of no less of $500 or no more than $5000 or imprisonment prescribed by the penal law, or both fine and imprisonment.
If convicted of violating New York Navigation Law § 49-A, the ability to operate a vessel and registration of a vessel may be suspended for six (6) months if violate section A, or 12 months if one violates Section B, C, D, or E. If you are convicted of violating sections B, C, D, or E for the second time in 10 years, your ability to operate a vessel is suspended for 24 months.
