Assemblyman Thomas DiNapoli (D-Great Neck) announced that drunk boaters will now face the same penalties as intoxicated motorists under a bill signed by the governor. The legislation, which Assemblyman DiNapoli and Sen. John Flanagan (R-East Northport) sponsored in their respective houses, will take effect in August.

"Where there is recreational boating there is often recreational drinking which can have lethal consequences," said Assemblyman DiNapoli. "This new law gives Marine law enforcement and prosecutors the necessary tools to maintain an aggressive posture against BWI and BWAI violators."

In 2003, Senator Flanagan and Assemblyman DiNapoli joined together to successfully lower New York State's BWI blood alcohol content (BAC) threshold from .10 to .08. Like the 2003 effort, this new law brings uniformity to the alcohol-related standards for driving and boating.

Under the law, a first conviction for boating while intoxicated (BWI) will be a misdemeanor, which carries a sentence of up to one year instead of the current 90 days. The fine will increase from a minimum of $350 and a maximum of $500 to a range of between $500 and $1,000.

A second conviction for BWI within 10 years will rise to Class E felony status with a sentence of up to four years in prison and a fine between $1,000 and $5,000. Those convicted of boating while intoxicated three times within 10 years shall be charged with a Class D felony and face up to seven years in prison and a fine between $2,000 and $10,000.

The fine for a first-time conviction of Boating While Ability Impaired will increase the penalty to a maximum of $500, up from its current maximum of $350. A second infraction within a five-year period will carry a maximum fine of $750 and up to 30 days imprisonment. The penalty for a third conviction of BWAI within a 10-year period will increase from an infraction to a misdemeanor and will carry a maximum period of imprisonment of six months and a maximum fine of up to $1,500.

In 2004, the most recent year statistics are available from the state's Office of Parks, Recreation and Historic Preservation, there were about 520,000 registered boats in New York, with 178 boating accidents reported. Of the 18 boating accidents that resulted in deaths in New York that year, nearly 28 percent involved alcohol.