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33 CFR § 95.010 - Definition of terms as used in this part.

---
identifier: "/us/cfr/t33/s95.010"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "33 CFR § 95.010 - Definition of terms as used in this part."
title_number: 33
title_name: "Navigation and Navigable Waters"
section_number: "95.010"
section_name: "Definition of terms as used in this part."
chapter_name: "COAST GUARD, DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "F"
subchapter_name: "VESSEL OPERATING REGULATIONS"
part_number: "95"
part_name: "OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR A DANGEROUS DRUG"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "33 U.S.C. 2071; 46 U.S.C. 2302; Department of Homeland Security Delegation No. 0170.1."
regulatory_source: "CGD 84-099, 52 FR 47532, Dec. 14, 1987, unless otherwise noted."
cfr_part: "95"
---

# 95.010 Definition of terms as used in this part.

*Alcohol* means any form or derivative of ethyl alcohol (ethanol).

*Alcohol concentration* means either grams of alcohol per 100 milliliters of blood, or grams of alcohol per 210 liters of breath.

*Blood alcohol concentration level* means a certain percentage of alcohol in the blood.

*Chemical test* means a test which analyzes an individual's breath, blood, urine, saliva and/or other bodily fluids or tissues for evidence of drug or alcohol use.

*Controlled substance* has the same meaning assigned by 21 U.S.C. 802 and includes all substances listed on Schedules I through V as they may be revised from time to time (21 CFR Part 1308).

*Drug* means any substance (other than alcohol) that has known mind or function-altering effects on a person, specifically including any psychoactive substance, and including, but not limited to, controlled substances.

*Intoxicant* means any form of alcohol, drug or combination thereof.

*Law enforcement officer* means a Coast Guard commissioned, warrant, or petty officer; or any other law enforcement officer authorized to obtain a chemical test under Federal, State, or local law.

*Marine employer* means the owner, managing operator, charterer, agent, master, or person in charge of a vessel other than a recreational vessel.

*Recreational vessel* means a vessel meeting the definition of that term in 46 U.S.C. 2101 that is then being used only for pleasure.

*State* means a State or Territory of the United States of America including but not limited to a State of the United States, American Samoa, the Commonwealth of the Northern Marianas Islands, District of Columbia, Guam, Puerto Rico, and the United States Virgin Islands.

*Under the influence* means impaired or intoxicated by a drug or alcohol as a matter of law.

*Underway* means that a vessel is not at anchor, or made fast to the shore, or aground.

*Vessel* includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.

*Vessel owned in the United States* means any vessel documented or numbered under the laws of the United States; and, any vessel owned by a citizen of the United States that is not documented or numbered by any nation.

*Waters subject to the jurisdiction of the United States* means those waters described in § 2.38 of this chapter.

[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR 13117, Apr. 21, 1988, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001; USCG-2001-9044, 68 FR 42601, July 18, 2003; USCG-2024-1103, 90 FR 52876, Nov. 24, 2025]