Difference Between BWI and DWI in Pennsylvania

Although most understand that it is illegal to operate a car while intoxicated, few know that these laws also apply to all other vehicles. This includes not only terrestrial vehicles, but also boats. In fact, it is possible to face “boating while intoxicated” (BWI) charges in Pennsylvania. As you might expect, this charge involves driving a boat while under the influence of drugs or alcohol. But how do these charges work? How are they distinct from standard DWI charges? Perhaps most importantly, can a defense attorney in Lebanon, PA help?

What are Pennsylvania’s Laws Against Boating While Intoxicated?

Pennsylvania’s laws against boating while intoxicated fall under Title 30, Chapter 55: Operation of Boats. Under Section 5502 of this chapter, no individual may operate or control any watercraft after consuming an intoxicating amount of alcohol. According to this law, it is illegal to operate a watercraft with an alcohol concentration of 0.08% or higher. Heightened penalties await those who consume more alcohol, and you may face the most severe charges after reaching an alcohol concentration of .16% or higher.

It is also illegal to operate a watercraft while under the influence of controlled substances. The penalty for a first offense is up to six months of probation and a maximum $300 fine. A second offense is a third-degree misdemeanor, leading to a higher fine of $2,500. A third BWI offense is a second-degree misdemeanor, and you could spend years in prison for this offense. Mandatory minimum jail sentences of multiple days are associated with higher BAC concentrations.

What are Pennsylvania’s DWI Laws?

Pennsylvania’s DWI laws are quite similar. A first-offense, “simple DWI” charge in the Keystone State can only lead to up to six months of probation and a $300 fine. Convicts may also need to attend alcohol safety programs, receive treatment, and have an ignition interlock device installed.

A second-offense DWI can lead to up to six months in jail and $2,500 in fines. A third offense can lead to up to two years behind bars, which is very similar to boating under the influence.

The Key Similarities Between BWI and DWI in Pennsylvania

DWI and BWI both carry similar penalties in Pennsylvania. They also follow the same 0.08% threshold when authorities define intoxication levels. Finally, both of these scenarios are also associated with the same aggravating circumstances. You can expect heightened penalties if you cause injuries or fatalities during your intoxicated operation of both cars and boats. You also face heightened penalties for intoxicated operation with a minor on board, whether you’re on land or sea.

Can a Defense Attorney in Lebanon, PA Help With BWI Charges?

A defense attorney in Lebanon, PA, may be able to help with BWI charges and DWI charges. Many defense attorneys have a keen understanding of both sets of laws, whether you were accused of operating a car or a boat while under the influence. Consider discussing potential defense strategies with Feeman Law Offices today. Find us online or reach us at (717) 273-1763.