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USCG Exam Practice · Chemical testing after a marine casualty

An individual directly involved in a marine casualty refuses to submit to a chemical test when directed by the vessel master. Under 46 CFR §185.210, what are the required and legal consequences of that refusal?

  1. AThe master may physically compel the individual to provide a specimen, and the refusal is not admissible in administrative proceedings
  2. BThe refusal must be noted in the Official Logbook if carried and in the written CG-2692 report, and the refusal is admissible as evidence in any administrative proceeding✓ correct
  3. CThe refusal must be reported only to the OCMI verbally within 24 hours, and no logbook entry is required
  4. DThe refusal automatically results in immediate suspension of the individual's credential by operation of law

Why B is correct

46 CFR §185.210(d) requires that a refusal to submit to or cooperate in a timely chemical test be noted in the Official Logbook if carried and in the written CG-2692 report, and expressly states that the refusal will be admissible as evidence in any administrative proceeding.

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An individual directly involved in a marine casualty refuses to sub… — USCG Exam Practice · CaptainsGround