[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: 33CFR95.020] [Page 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. 95.020 Standard for under the influence of alcohol or a dangerous drug. An individual is under the influence of alcohol or a dangerous drug when: (a) The individual is operating a recreational vessel and has a Blood Alcohol Concentration (BAC) level of .08 percent or more, by weight, in their blood; (b) The individual is operating a vessel other than a recreational vessel and has an alcohol concentration of .04 percent by weight or more in their blood; or, (c) The individual is operating any vessel and the effect of the intoxicant(s) consumed by the individual on the person's manner, disposition, speech, muscular movement, general appearance or behavior is apparent by observation. [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]