Posted: November 11, 2010

Alcohol-related offenses and your U.S. Coast Guard license


By Mike Reny
AMO Coast Guard Legal Aid Program


Over the last several years, there has been an increase in the number of members seeking assistance for alcohol-related incidents under the AMO Coast Guard Legal Aid Program. This is due in part to the Coast Guard's ability to access every mariner's court records, as well as the regulations requiring the testing of persons believed to be under the influence. In light of this trend, it is important for all members to be aware of how an alcohol-related offense could affect your U.S. Coast Guard license.

In the event you are observed to be under the influence of alcohol onboard a ship, the Federal Regulations require that you be tested. If you test positive for either alcohol or drugs, the results must be forwarded to the Coast Guard and action will be taken against your license. The penalty sought by the Coast Guard for alcohol-related offenses has ranged from three (3) months outright suspension of an individual's license to revocation. Completion of a certified drug and alcohol rehabilitation program, along with attendance of Alcoholics Anonymous meetings, may also be required.

The Coast Guard can also bring an action against your license seeking similar penalties if you have been convicted of drunk driving or other offenses listed in the National Driver Registry Act, even though an offense is unrelated to your employment.

Any alcohol-related driving offense will be considered by the Coast Guard in determining whether to renew your license every five (5) years. If a conviction is less than one (1) year from your renewal date, the Coast Guard can refuse to renew your license until an assessment period equal to one (1) year from the date of the conviction expires for first-time offenders. In the event you have more than one (1) conviction, the assessment period becomes three (3) years from the most recent conviction.

The AMO Coast Guard Legal Aid Program provides eligible members with free legal representation in these cases. However, the wage loss protection provision does not apply if a suspension results from the use of alcohol or drugs. Play it safe and smart. Don't drink while you are on Articles. If you drink during your time off the vessel, call a cab to take you home. The cab fare may well be the least expensive fee you'll have to pay.