(Policies in effect on: 1/1/2012)
The Federal Government's statutes and regulations regarding Blood Alcohol Concentration (BAC) limits related to Operators of Recreational Watercraft (displayed below) specify a 0.08 per se rule for all Federal waterways except "within the geographical boundaries of any State that has established" a separate and different BAC limit. In those cases, "… a standard established by State statute … is applicable to the operation of any recreational vessel on waters within the geographical boundaries of the State."
FEDERAL CITATIONS AND RELEVANT TEXT EXCERPTS
33 C.F.R. § 95.020
Code of Federal Regulations
Title 33 - Navigation and Navigable Waters
CHAPTER I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER F - VESSEL OPERATING REGULATIONS
PART 95 - OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG
§ 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;
* * *
(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.
33 C.F.R. § 95.025
Code of Federal Regulations
Title 33 - Navigation and Navigable Waters
CHAPTER I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER F - VESSEL OPERATING REGULATIONS
PART 95 - OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG
§ 95.025. Adoption of State blood alcohol concentration levels
(a) This section applies to operators of recreational vessels on waters within the geographical boundaries of any State that has established by statute a blood alcohol concentration level for purposes of determining whether a person is operating a vessel under the influence of alcohol.
(b) If the applicable State statute establishes a blood alcohol concentration level at which a person is considered or presumed to be under the influence of alcohol, then that level applies within the geographical boundaries of that State instead of the level provided in § 95.020(a) of this part.
(c) For the purposes of this part, a standard established by State statute and adopted under this section is applicable to the operation of any recreational vessel on waters within the geographical boundaries of the State.
1 U.S.C. § 3
United States Code
Title 1 - GENERAL PROVISIONS
CHAPTER 1 - RULES OF CONSTRUCTION
§ 3. “Vessel” as including all means of water transportation
The word “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
Source for all citations on this page: FDsys, the Federal Digital System of the U.S. Government Printing Office (GPO).
Excerpts from the United States Code are current as of 2011. Excerpts from the Code of Federal Regulations are current as of 2012. Excerpts from Public Laws of Congress are current as of the year of enactment.
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