[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: 33CFR95.040]

[Page 229]
 
                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. 95.040  Refusal to submit to testing.

    (a) If an individual refuses to submit to or cooperate in the 
administration of a timely chemical test when directed by a law 
enforcement officer based on reasonable cause, evidence of the refusal 
is admissible in evidence in any administrative proceeding and the 
individual will be presumed to be under the influence of alcohol or a 
dangerous drug.
    (b) If an individual refuses to submit to or cooperate in the 
administration of a timely chemical test when directed by the marine 
employer based on reasonable cause, evidence of the refusal is 
admissible in evidence in any administrative proceeding.

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