[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: 33CFR95.040]



[Page 231]

 

                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. 95.040  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]