[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: 33CFR95.020]



[Page 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. 95.020  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]