I am helping a fellow mariner who as an all-too-common problem. He was busted for a DUI over the weekend. He has an uninspected 1600-ton mate license. He spent a night in jail and was released. He goes to a preliminary court hearing this week. Of course he’s in serious trouble with the law, which is one thing. But he is also wondering about his USCG license. He knows that when he renews his license 4+ years from now he will be required to divulge any DUI convictions.
The question is, will the USCG suspend it before then? Does the USCG have real-time knowledge of DUIs and take action on the license before the renewal phase? Or to put it another way, does a red light pop up at the NMC saying John Doe was just convicted of a DUI in Montana, so track him down and suspend his license immediately?
[QUOTE=freighterman;189445]I am helping a fellow mariner who as an all-too-common problem. He was busted for a DUI over the weekend. He has an uninspected 1600-ton mate license. He spent a night in jail and was released. He goes to a preliminary court hearing this week. Of course he’s in serious trouble with the law, which is one thing. But he is also wondering about his USCG license. He knows that when he renews his license 4+ years from now he will be required to divulge any DUI convictions.
The question is, will the USCG suspend it before then? Does the USCG have real-time knowledge of DUIs and take action on the license before the renewal phase? Or to put it another way, does a red light pop up at the NMC saying John Doe was just convicted of a DUI in Montana, so track him down and suspend his license immediately?[/QUOTE]
I’m not sure, but from the CFR and US Code his license may not be valid as soon as he’s convicted. He should probably give the NMC a call or contact a maritime lawyer. It may look better if he gets in touch with the USCG early on rather than wait until his renewal. I could see leniency for honesty and being upfront being a lot more likely to have a positive outcome than waiting a few years to tell them.
[QUOTE=freighterman;189460]So you’re saying in Norway an equivalent conviction for driving under the influence of alcohol doesn’t affect your mariner’s credential?[/QUOTE]
You can murder someone in Norway and it would not have an affect on your mariner credentials. To take away the livelihood of someone, is a nice way of making him a full time criminal.
A DUI in Norway would cost you your driver’s license for 2 years(up to 5 years), and you will have to take a new one to the cost of 3600 dollar’s and on top of that you receive a fine based on your income. But that will not have an impact on your credentials at sea.
One Norwegian owned vessel that I used to work on gave us breathalizers while we were in port, even to those of us who hadn’t even gone ashore. Even to those of us who were unlicensed.
[QUOTE=LI_Domer;189448]He should get a good lawyer and try to avoid the conviction at all costs.[/QUOTE]
This warrants repeating. A good lawyer can work magic AS LONG AS this is your - oops, I mean your friends (wink, wink) first alcohol offense.
Since I’ve been pretty good about hiding my real identity, I can share a personal story. 2 years ago I was cited for public intoxication. It was 2am, my buddies and I were walking back to the apartment, cop pulls up next to us because we looked suspicious. Checked us for drugs and weapons and called in our ID’s. Everything was fine. Still not happy with a couple 20 somethings out on the street this late, he charged us with ‘public intoxication’ - a bogus catch-all charge.
The cop warned us not to try to contest it. Yeah, right.
I reached out to our own Mr. Cavo via PM and he suggested hiring and attorney would probably be a good investment. Excellent advice.
Long story short, while it cost me more $ than just pleading guilty and paying the fine, all charges were dismissed.
Tell your friend to dig deep, hire a fugging lawyer and plea deal whatever it takes to avoid a conviction. (I had to make a generous donation to the local Boys Club)
One of my old shipmates had DUI troubles while onboard. (I was the guy sent with the ship’s car to pick him up from jail.) He didn’t tell the USCG until it was time to renew. By then he saved up cash, settled his bills and lined up a shoreside job for his yearlong ‘shore-cation.’
If your friend plans it right (4 years to renewal is a long time to get ready) he can enjoy his punishment, spend it with friends, take a vacation with the family.
I would pursue both options. Fight the case and hopefully skate on the charges. If found guilty anyways, say nothing more than required to anyone and make plans, save money, and land a job for a shore-cation around renewal time.
You can loose your mariner’s license for reckless driving of a land vehicle which, depending on the state, can mean 40 km/hr over the posted speed limit, driving over a hill to make it airborne, passing another vehicle on a curved road, texting while driving, driving on a frozen lake or pond, and so forth. It requires a willful or wanton disregard to persons or property to be convicted. Some states don’t require it to be a motor vehicle - reckless operation of a bicycle can count in Colorado.
[QUOTE=Jetryder223;189476]This warrants repeating. A good lawyer can work magic AS LONG AS this is your - oops, I mean your friends (wink, wink) first alcohol offense.
Since I’ve been pretty good about hiding my real identity, I can share a personal story. 2 years ago I was cited for public intoxication. It was 2am, my buddies and I were walking back to the apartment, cop pulls up next to us because we looked suspicious. Checked us for drugs and weapons and called in our ID’s. Everything was fine. Still not happy with a couple 20 somethings out on the street this late, he charged us with ‘public intoxication’ - a bogus catch-all charge.
The cop warned us not to try to contest it. Yeah, right.
I reached out to our own Mr. Cavo via PM and he suggested hiring and attorney would probably be a good investment. Excellent advice.
Long story short, while it cost me more $ than just pleading guilty and paying the fine, all charges were dismissed.
Tell your friend to dig deep, hire a fugging lawyer and plea deal whatever it takes to avoid a conviction. (I had to make a generous donation to the local Boys Club)[/QUOTE]
Make sure the lawyer is or becomes familiar with the Coast Guard regulations in 46 CFR Part 10, in particular the definition of a “conviction” and also the difference in consequences between a drug or alcohol related conviction, and one that does not involve drugs or alcohol.
[QUOTE=Kraken;189458]Seriously, you could lose the certificate because of an DUI? What kind of fucked up system do you have?[/QUOTE]
Knee jerk reaction to the fact that Hazelwood (remember him?) had a DWI on his driving record before the EXXON VALDEZ incident. . . . But I kind of agree with you since neither his DWI, NOR his inebriation were a factor in that particular incident. . . but it also is a record of behavior. . .
[QUOTE=Kraken;189468]And before you think we’re a bunch of drunks at sea. Norwegian ship’s are dry ship’s. We have yearly plus unannounced drug test.[/QUOTE]
Is that something new? Now, it has been some time now, and the Vessel(s) may have been NIS. . . or maybe another FOC with Norwegian officers. . . but I do recall Officer’s lounges with at least beer being available. . . but I am afraid that such things are part of the past. . .
I think Kraken refer to Norwegian Offshore vessels, or other vessels under any flag working in Norwegian waters in the Oil & Gas industry. This is a NORSOK requirement.
As for other vessels under NOR or NIS flag I believe the permission to have alcohol on board is up to the individual companies, or to the Master, as before. (I haven’t found anything to the contrary)
The rules for being under influence of alcohol while navigating a commercial ship or boat over 15 m. LOA is strictly regulated in “The Norwegian Maritime Code”:
Chapter 6A. Alcohol Influence,
Dutiful Temperance etc.
0 Chapter added by Act 25 June 2004 no. 52 (in force 1 July 2005 according to Resolution
1 July 2005 no. 787). Cf. Act 26 June 1998 no. 47 Chapter 4.
Section 143 Alcohol influence etc.
No one must navigate or try to navigate a ship with overall length
exceeding 15 metres,
with a concentration of alcohol in the blood exceeding 0,2 per
mille, or an amount of alcohol in the body which may lead to so
large a concentration of alcohol in the blood,
with a concentration of alcohol in the exhalation breath exceeding
0,1 milligram per litre air, or
under the influence of any other intoxicating or anesthetic agent
than alcohol
Delusion in relation to the size of the alcohol concentration does not
exempt for penalty. The prohibition applies equally to those who
perform or attempt to perform duties of essential significance to the
safety at sea, herein including piloting.
Anyone who is included in the prohibition in paragraph one must
not take in alcohol or any other intoxicating or anesthetic agent in the
first six hours after the end of his or her service, when he or she understands
or must understand that the performance of his or her service
may lead to a police investigation. This prohibition is however not
applicable once a specimen of blood or specimen of breath has been
taken, or the police has decided not to take such a test.
Anyone who intentionally or negligently violates this provision will
become punishable by fine or imprisonment up to 1 year. Violation is
regarded as a minor offence.
0 Added by Act 25 June 2004 no. 52 (in force 1 July 2005 according to Resolution 1 July
2005 no. 787). Is amended by Act 20 May 2005 no. 28 (in force from the date which is
stipulated by Act) as amended by Act 19 June 2009 no. 74.
1 Cf. Act 22 May 1902 no. 10 (General Civil Penal Code) Section 26 a; General Civil Penal
Code 2005 Chapter 6 and Chapter 9.