33 CFR § 95.020 - Standard for under the influence of alcohol or a dangerous drug.
---
identifier: "/us/cfr/t33/s95.020"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "33 CFR § 95.020 - Standard for under the influence of alcohol or a dangerous drug."
title_number: 33
title_name: "Navigation and Navigable Waters"
section_number: "95.020"
section_name: "Standard for under the influence of alcohol or a dangerous drug."
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"
---
# 95.020 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;
(b) The individual is operating a vessel other than a recreational vessel and has an alcohol concentration of .04 percent by weight or more in their blood; or,
(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.
[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]