New Jersey Boating While Under the Influence Offenses
The summer season is always busy for recreational boating activities at the Jersey shore. There are all kinds of power boats, personal watercrafts, sailboats and party fishing boats on the ocean, back bays and inland waterways all summer long. The New Jersey State Police and United States Coast Guard are the two law enforcement agencies responsible for apprehending intoxicated operators of boats on the waters of New Jersey.
An intoxicated operation of a vessel offense is defined under N.J.S.A. 12:7-46. As in drunk driving, this law bans the operation of a vessel (boat) on the waters of the state by a person who is under the influence of intoxicating liquor, a narcotic, a hallucinogenic or habit-producing drug. A person who operates a vessel on the waters of this state with a blood alcohol concentration of .08% or percent by weight of alcohol is guilty of intoxicated operation under the law. A first offense of intoxicated boating under N.J.S.A. 12:7-46(a) of a person who is found guilty of operating a vessel while under the influence of alcohol or with a blood alcohol level of at least .08% but less than .10% will be subject to a driver’s license suspension of three months and a boating license suspension of one year. All other first offenders are subject to a loss of driving privileges for a term ranging between seven months and one year as well as a one year loss of boating license.
In addition to these penalties, a first offender must complete a program of alcohol education at the Intoxicated Driver’s Resource Center and must also complete a boating safety course as restoration of the boating license.
The Law Offices of John W. Tumelty handles boating while under the influence offenses in Atlantic County, Cape May County, Ocean County and other areas of South Jersey.
For more information about boating while under the influence defense, please see our DWI website at www.tumeltylaw.com
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