As indicated in a previous newsletter, the Coast Guard has enacted regulations concerning the operation of vessels while under the influence. The standards are different for commercial vessel operation and recreational boat operation. See Federal Register of December 14, 1987 Part III for the complete Final Rule.
One consideration which an attorney may need to make when representing a client charged with operating under the influence, is whether or not a blood alcohol level determined by a test made at some time after the incident can be extrapolated back to a previous time when the person tested was operating a vessel.
This issue has been the subject of an appeal to the Supreme Court in the State of New Jersey (State v. Tischio, 107 NJ 504, 527 Atlantic 2nd 388). In a case involving an automobile it was held that such extrapolation may not be made. However, the dissenting opinion cites cases in other state jurisdictions where the opposite holding occurred.
In State of Alaska vs. Hazelwood, the State attempted to show through expert testimony that the tests taken many hours after the grounding of the EXXON VALDEZ could be interpreted to show that his blood alcohol level was above the level set by law where a person is presumed to be under the influence. The defense presented expert testimony that such an interpretation was inaccurate. As those of you who followed the case know, the jury agreed with the defense, acquitting Hazelwood of the charge of operating under the influence.
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