[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR3.11]

[Page 36]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 3_BOATING AND WATER USE ACTIVITIES--Table of Contents
 
Sec.  3.11  When is testing for alcohol or drugs required?

    (a) At the request or direction of an authorized person who has 
probable cause to believe that an operator of a vessel has violated 
provisions of Sec.  3.10, the operator must submit to one or more 
testing procedures of the blood, breath, saliva or urine for the purpose 
of determining blood alcohol and/or drug content.
    (1) Refusal by an operator to submit to a test is prohibited and 
proof of refusal may be admissible in any related judicial proceeding.
    (2) Any test or tests for the presence of alcohol and drugs must be 
determined by and administered at the direction of an authorized person.
    (3) Any test must be conducted by using accepted scientific methods 
and equipment of proven accuracy and reliability operated by personnel 
certified in its use.
    (b) The results of chemical or other quantitative tests are intended 
to supplement the elements of probable cause used as the basis for the 
arrest of an operator charged with a violation of Sec.  13.10. If the 
alcohol concentration in the operator's blood or breath at the time of 
testing is less than alcohol concentrations specified in Sec.  
13.10(a)(2), this fact does not give rise to any presumption that the 
operator is or is not under the influence of alcohol.
    (c) The provisions of paragraph (b) of this section are not intended 
to limit the introduction of any other competent evidence bearing upon 
the question of whether the operator, at the time of the alleged 
violation, was under the influence of alcohol, or a drug, or drugs, or 
any combination thereof.