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Boating While Intoxicated (BWI) Lawyer in Red Bank, NJ

Monmouth County, New Jersey Boating DUI Defense Attorney


Recreational boating is a common pastime in New Jersey. Many state and local parks offer boating opportunities. The state has lakes, rivers and hundreds of miles of shoreline. In fact, 17 of New Jersey’s 21 counties border on the ocean. Boating is promoted as a great way to spend time with friends and family.

However, the pleasure of being out on the water can be short-lived if you are charged with a BWI, boating DWI, or operating a watercraft under the influence of alcohol. The penalties if you are convicted are significant. If you are facing charges of a boating DUI, it is important to have a knowledgeable and experienced defense lawyer to protect your rights and fight for the best outcome possible in your DWI case.

Boating While Intoxicated Defense Lawyer in Cranford, New Jersey

Union County attorney Andrew John Calcagno is a BWI defense lawyer who thoroughly knows New Jersey drunk boating laws. Just as important is his personal experience as an avid boater with a boat license and Coast Guard certification. He has successfully defended a wide variety of clients against drunk boating charges in Howell, Middletown, Paterson, Plainfield, Roselle, and elsewhere in New Jersey. These successful DWI defenses have included former members of the NJ State Police Marine Division.

Overview of BWI Penalties in NJ

Having an experienced attorney to defend you and protect your rights after a drunken boating charge is critical because the penalties for conviction of drunk boating operation are harsh. The penalties for Boating While Intoxicated (BWI) include:

  • Loss of both boating and driving privileges. The length of the suspensions depends on your blood alcohol content (BAC) at the time of arrest and your previous record. For example, a third offense could leave you without a boating license for up to 10 years.
  • Jail sentence, the length of which is determined by your BAC and number of previous offenses. For example, a third BUI offense could carry a jail sentence of up to six months.
  • Fines of up to $6, 000 again depending on your BAC and the number of prior convictions.
  • The state threshold for a charge of BUI/BWI is a .08 percent blood alcohol content, the same as the threshold for motor vehicle drunk driving. However, if you are operating a commercial boat or are under the influence of drugs and alcohol, the threshold is lower. If you refuse to take a breath test, the charges will be the same as if you had taken the test.

Specific Drunk Boating Penalties in New Jersey

Specific penalties for a drunk boating conviction In New Jersey are as follows:

  • First offense with BAC between .08 and .1 percent: A fine of between $250 and $400, a one-year suspension of your boating privileges and a three-month driver’s license suspension.
  • First offense for drug impairment or a BAC of .1 percent or greater results in a $300 to $500 fine, a one-year suspension of your boating privileges and a driver’s license suspension between seven months and one year.
  • Second-offense BUI carries a fine between $500 and $1,000, 30 days of community service, up to 90 days in jail and a two-year suspension of both boating and driving privileges.
  • Third and subsequent BUI convictions carry $1,000 in fines, a minimum of 180 days in jail, a possibility of community service in lieu of jail, and a ten-year suspension of boating and driving privileges.
  • Only convictions within the past ten years count as prior offenses.

Contact a Westfield, New Jersey BWI/BUI Defense Attorney

If convicted of BUI, you will experience not only the legal penalties but also damage to your reputation and your ability to get to work. You will most likely not be able to expunge a drunken boating conviction because it is classified as a traffic offense, like a DWI.

Attorney Andrew Calcagno offers a free consultation to discuss your case and examine the facts. He will fight to protect your rights and ensure that any penalties imposed are fair and reasonable. If you or a loved one was charged with BUI in Monmouth County, Union County, or anywhere in New Jersey, contact Calcagno & Associates today. You can meet with an experienced BUI attorney at one of our offices in Red Bank, Newark, Westfield, Cranford, or Clifton.

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“The amount of pride and overall care he has for his clients is felt immediately. When I first meet him, I never felt rushed or pressured to sign up with him. Andrew and his staff are caring, knowledgable people that make you feel at home.”
- Louis