The Coast Guard published final regulations regarding "Operating a Vessel While Intoxicated" in the December 14, 1987 Federal Register which went into effect on 13 January 1988. These regulations set the standard and establish rules designated to monitor, control and reduce alcohol and drug use in both recreational vessel operation and commercial marine operations.
The standard has been set at .10 percent by weight for recreational boat operators and .04 for operators of vessels other than recreational boats. (33 CFR 95.020)
Evidence of intoxication of an operator can be based on personal observation or a chemical test. (33 CFR 95.030)
The chemical test can only be ordered by a law enforcement officer or the employer based on reasonable cause. Refusal to take the test ordered by a law enforcement officer can be used in an administrative hearing as evidence and the individual will be presumed to be intoxicated. (33 CFR 95.040(a)). Refusal to take a test ordered by an employer can also be admitted as evidence in an administrative proceeding but there is no presumption of intoxication. (33 CFR 95.040(b)).
If an applicable state standard setting the percentage of alcohol exists, the standard containing the highest defined percentage applies. (33 CFR 025).
On inspected vessels, a crew member may not consume any alcohol within four hours of any scheduled duties (note that it does not say "watch") or while on watch or duty. (33 CFR 95.045).
For each marine casualty required to be reported by 46 CFR 4.05-10, the employer shall determine and report to the Coast Guard any individuals directly involved in the accident where evidence of use of alcohol or drugs is present.
These regulations may have a significant impact on civil litigation where use of alcohol or drugs occurred within four hours of an individual commencing his duties on inspected vessels, or if an individual involved was intoxicated at the time of the accident since a statutory violation would exist.
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