---
kind: "section"
citation: "33 C.F.R. § 95.025"
title: "33"
number: "95.025"
heading: "Adoption of State blood alcohol concentration levels."
url: "https://uscodex.org/cfr/33/95.025"
---

# §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)](/cfr/33/95.020.md?p=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.

## Notes

### Amendments

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001]

### Authority

Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; Department of Homeland Security Delegation No. 0170.1.

### Source

Source: CGD 84-099, 52 FR 47532, Dec. 14, 1987, unless otherwise noted.

### Amendments

[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended by USCG-1998-4593, 66 FR 1862, Jan. 10, 2001]