August Court Date Set in BWI Case

A Babylon man charged with boating while intoxicated and currently free on a $150,000 bond is due back in Suffolk First District Court on August 4, according to the Suffolk County District Attorney’s office.

Brian Swezey was arrested July 15 and charged with BWI after his boat crashed into another vessel on the Great South Bay, injuring five of the seven passengers involved, according to police.

The 48-year-old pled not guilty at his arraignment on July 16. His attorney, Terry Woodard, of Central Islip, did not immediately return calls seeking comment. Swezey's initial first court appearance set for July 20 was adjourned because of a request by the defense team, according to the DA's office.

If convicted of the misdemeanor charge Swezey faces a possible jail sentence of up to one year and a fine between $500 and $1,000. The fine for a first-time conviction of boating while ability impaired, a lesser charge, is a maximum of $500.

Today’s BWI laws and penalties very closely mirror drinking while intoxicated (DWI) laws, according to legal experts. Lawmakers in 2003 lowered the BWI blood alcohol content threshold from .10 to .08, to match the DWI threshold. Fines for BWI convictions were increased from $300 in 2006.

“This office worked along with other prosecutors’ offices across New York state to lower the threshold,” said Robert Clifford, a DA spokesperson. “If you are going to drink aboard a boat, have a designated captain, just like you would have a designated driver on land, and realize that when you are on the water, direct sunlight, heat, wind and noise magnify alcohol’s effects.”

In 2006 state officials passed a law making a BWI conviction a misdemeanor with a sentence of up to one year in jail, instead of 90 days in the previous law. A second conviction within 10 years is a Class E felony, and that carries a sentence of up to four years in jail and a fine of up to $5,000.

A BWI conviction also typically results in community service requirements, probation and a boating license revocation for six months. The conviction, just as in a DWI conviction, also appears on New York State driver licenses.