UPDATE: Seaford Man Charged with BWI Near Jones Beach

A Seaford man was arrested and charged with boating while intoxicated (BWI) near in Wantagh Sunday evening after he reported two of his passengers had gone overboard into the Atlantic Ocean waters.

Police said that around 6 p.m., the operator of the 23-foot Trophy boat, Anthony Marmo, of Seaford, did not realize two of his male passengers were in the water until he had traveled far enough out of their sight.

Marmo, 36, called police who began responding to the scene about a mile off Jones Beach. A 37-year old man was thrown from the back of the vessel and a 32-year old male jumped in after him, police said.

Lifeguards from Jones Beach saw the two men in the water and used a rowboat to rescue them. The men were taken to Nassau University Medical Center in East Meadow for evaluation. No injuries were reported, according to police. 

Inspector Kenneth Lack said during a press briefing Monday afternoon at Nassau County Police headquarters in Mineola that the 37-year old passenger fell into the water while standing in the rear of the boat. He attributed the fall in the water to rough sea conditions. 

Lack did not release details on Marmo's blood alcohol level at the time of the arrest. The legal limit to operate a boat in New York State is a blood alcohol concentration of 0.08. 

Marmo is charged with BWI and was arraigned Monday at First District Court in Hempstead. Lack said the BWI charge could carry up to a year in jail. 

Lack said Nassau County Police Department's Marine Bureau Police have made five BWI arrests so far in 2012 along with 459 written violations. Last year, the Marine Bureau about the dangers of BWI.