For 49 Years

U.S. Coast Guard Merchant Mariner Credential or
Merchant Mariner Document Suspension and
Revocation Defense Attorney

You just received a notice from a USCG Investigation Officer concerning your alleged misconduct. Get answers. Get control. Get peace of mind. Contact Coast Guard MMC defense lawyer Arnold Berschler.

Crucial to achieving the best result is knowing the Coast Guard or Transportation Security Administration procedural rules and having experience in appearing before Administrative Law Judges. Berschler Associates, PC has successfully defended mariners for decades.

As examples, Arnold successfully defended a Chief Engineer against United States Coast Guard misconduct charges of pollution despite the admission of multiple discharges of bilgewater in restricted waters. In another instance, a fishboat captain had beaten a deckhand; the USCG both prosecuted for misconduct and referred the incident to the U.S. Department of Justice (“DOJ”) for criminal prosecution. The captain avoided a criminal prosecution and received only a brief suspension of his MMC due to Arnold’s work.

Document holders know to not consume alcohol or dangerous drugs, including marijuana, or engage in criminal acts while actively working, on watch or not. “Dangerous Drugs” are defined in 46 CFR §16.113 as:

(1) Marijuana;

(2) Cocaine;

(3) Opiates;

(4) Phencyclidine (PCP); and

(5) Amphetamines.

See, 49 CFR part 40 for testing procedure requirements.

Less well known, is that the Coast Guard prohibits this conduct even during vacations or while unemployed. The USCG has the power to and frequently acts to impound, suspend or revoke a MMC or MMD because of seafarer’s being charged with or convicted of shoreside misconduct, including driving under the influence of alcohol or drugs (“DUI”), or driving while intoxicated (“DWI”). Importantly, “convicted” has a much broader meaning in the Coast Guard administrative law than in the criminal justice system. For instance, “diversion” or “no contest” constitutes a conviction for the Coast Guard’s purposes.

FOR MORE INFORMATION, please download our PDF,
What to Expect in Dangerous Drugs, DUI, DWI Misconduct Proceedings.

Arnold charges an introductory set fee for the first consultation in U.S. Coast Guard or National Transportation Safety Board matters.