USCG Fines and Penalties for Operating a Vessel While Intoxicated

The United States Coast Guard (USCG) works in cooperation with each state to enforce local and federal laws related to boating under the influence (BUI). The USCG also enforces BUI penalties specific to those who operate commercial vessels while holding USCG licenses or Merchant Mariner’s Documents (MMD).

The punishment for operating a commercial vessel while under the influence of drugs or alcohol typically includes thousands of dollars in fines and the loss of a USCG-issued license.

Factors Affecting Fines and Penalties for BUI

The fines and penalties for operating a vessel while intoxicated vary, depending on such factors as:

• the state or territory in which the violation occurs (for instance, whether the vessel was navigating an inland lake under state jurisdiction vs. open water under federal jurisdiction);
• the type of vessel on which the violation occurs (for instance, commercial vs. recreational vessel, etc.);
• the vessel operator’s blood alcohol level/concentration (BAL/BAC); and
• other extenuating circumstances (for example, whether or not the violation contributed to injuries, accidents or other maritime incidents).

All boaters, captains and mariners are expected to adhere to applicable BUI laws. However, the fines and penalties for operating a commercial vessel – such as a commercial fishing boat – are higher than those for operating a recreational vessel while under the influence of drugs or alcohol.

Penalties and Fines for Operating a Commercial Vessel While Intoxicated

The USCG requires marine employers to administer drug and alcohol tests to specified crewmembers on a prescribed basis. The five types of alcohol and drug testing are as follows:

• pre-employment (crewmembers must pass a drug test prior to employment on a commercial vessel);
• reasonable cause (employers must test employees when there is reasonable cause to suspect drug use);
• random (unannounced drug tests must be conducted on a specified annual basis);
• post-accident (crewmembers and others must submit to alcohol and drug testing in the event of a serious marine incident, such as a collision); and
• periodic (marine employees must submit to a drug test as part of a USCG-mandated physical examination).

Maritime employers must report positive test results for employees holding USCG-issued licenses or MMDs. USCG-mandated penalties in such cases include:

• revocation of USCG-issued papers; and
• $1,000 civil fine (levied to those who test positive for a blood alcohol level greater than .04).

USCG provisions allow for as much as $250,000 in fines and one year imprisonment in certain cases where commercial vessel operators are found to have operated vessels while under the influence of drugs or alcohol.

The USCG uses chapter 33, part 95 of the Code of Federal Regulations as a means to determine such factors as:

• when a person is considered to be operating a vessel;
• what constitutes evidence in a BUI case; and
• how state BAC levels factor into recreational BUI cases.

Commercial vessel operators of all types must remain in compliance with USCG regulations. This includes maintaining required logbooks for commercial vessels. Download this free guide to learn more about your available options or call 888-468-3757 to discuss your company’s needs.