[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR95.010]



[Page 229-230]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

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 230]]



    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.

    Waters subject to the jurisdiction of the United States means those 

waters described in Sec. 2.38 of this chapter.



[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; USCG-

2001-9044, 68 FR 42601, July 18, 2003]