[Code of Federal Regulations]
[Title 33, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR95.010]

[Page 227-228]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
          CHAPTER I--COAST GUARD, DEPARTMENT OF TRANSPORTATION
 
PART 95--OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG--Table of Contents
 
Sec. 95.010  Definition of terms as used in this part.

    Alcohol means any form or derivative of ethyl alcohol (ethanol).
    Alcohol concentration means either grams of alcohol per 100 
milliliters of blood, or grams of alcohol per 210 liters of breath.
    Blood alcohol concentration level means a certain percentage of 
alcohol in the blood.
    Chemical test means a test which analyzes an individual's breath, 
blood, urine, saliva and/or other bodily fluids or tissues for evidence 
of drug or alcohol use.
    Controlled substance has the same meaning assigned by 21 U.S.C. 802 
and includes all substances listed on Schedules I through V as they may 
be revised from time to time (21 CFR Part 1308).
    Drug means any substance (other than alcohol) that has known mind or 
function-altering effects on a person, specifically including any 
psychoactive substance, and including, but not limited to, controlled 
substances.
    Intoxicant means any form of alcohol, drug or combination thereof.
    Law enforcement officer means a Coast Guard commissioned, warrant, 
or petty officer; or any other law enforcement officer authorized to 
obtain a chemical test under Federal, State, or local law.
    Marine employer means the owner, managing operator, charterer, 
agent, master, or person in charge of a vessel other than a recreational 
vessel.
    Recreational vessel means a vessel meeting the definition in 46 
U.S.C. 2101(25) that is then being used only for pleasure.

[[Page 228]]

    State means a State or Territory of the United States of America 
including but not limited to a State of the United States, American 
Samoa, the Commonwealth of the Northern Marianas Islands, District of 
Columbia, Guam, Puerto Rico, and the United States Virgin Islands.
    Under the influence means impaired or intoxicated by a drug or 
alcohol as a matter of law.
    Underway means that a vessel is not at anchor, or made fast to the 
shore, or aground.
    Vessel includes every description of watercraft or other artificial 
contrivance used, or capable of being used, as a means of transportation 
on water.
    Vessel owned in the United States means any vessel documented or 
numbered under the laws of the United States; and, any vessel owned by a 
citizen of the United States that is not documented or numbered by any 
nation.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, April 
21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001]