USCG Exam PracticeChemical testing after a marine casualty
An individual directly involved in a marine casualty refuses to submit to a chemical test when directed by the master. Under 46 CFR §185.210, what are the consequences of that refusal?
- A. The refusal is treated as a positive test result and the individual is immediately presumed to be intoxicated for all legal purposes
- ✓ The refusal must be noted in the Official Logbook if carried and in the written CG-2692 report, and is admissible as evidence in any administrative proceedingCorrect
- C. The refusal must be reported to the OCMI by the fastest available means within two hours, and the individual must be removed from the vessel
- D. The refusal has no evidentiary value unless corroborated by the direct observation of two supervisory personnel
Why B is correct
46 CFR §185.210(d) specifies that a refusal to submit to or cooperate in a timely chemical test must be noted in the Official Logbook (if carried) and in the written CG-2692 report, and that fact will be admissible as evidence in any administrative proceeding. The regulation does not equate refusal to a positive result, nor does it require a two-hour notification or two-witness corroboration.
Cited:46 CFR §185.210