10 USC § 911 - Art. 111. Drunken or reckless operation of a vehicle, aircraft, or vessel | Title 10 - Armed Forces | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 112-238. (See Public Laws for the current Congress.)

(a) Any person subject to this chapter who—

(1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 912a (b) of this title (article 112a(b)), or

(2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the applicable limit under subsection (b),

shall be punished as a court-martial may direct.

(b)

(1) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person’s blood or breath is as follows:

(A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of—

(i) the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or

(ii) the blood alcohol content limit specified in paragraph (3).

(B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is the blood alcohol content limit specified in paragraph (3) or such lower limit as the Secretary of Defense may by regulation prescribe.

(2) In the case of a military installation that is in more than one State, if those States have different blood alcohol content limits under their respective State laws, the Secretary may select one such blood alcohol content limit to apply uniformly on that installation.

(3) For purposes of paragraph (1), the blood alcohol content limit with respect to alcohol concentration in a person’s blood is 0.10 grams of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person’s breath is 0.10 grams of alcohol per 210 liters of breath, as shown by chemical analysis.

(4) In this subsection:

(A) The term “blood alcohol content limit” means the amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.

(B) The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and the term “State” includes each of those jurisdictions.

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(a) Any person subject to this chapter who—

(1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 912a (b) of this title (article 112a(b)), or

(2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person’s blood or breath is equal to or exceeds the applicable limit under subsection (b),

shall be punished as a court-martial may direct.

(b)

(1) For purposes of subsection (a), the applicable limit on the alcohol concentration in a person’s blood or breath is as follows:

(A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the lesser of—

(i) the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State; or

(ii) the blood alcohol content limit specified in paragraph (3).

(B) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the applicable blood alcohol content limit is the blood alcohol content limit specified in paragraph (3) or such lower limit as the Secretary of Defense may by regulation prescribe.

(2) In the case of a military installation that is in more than one State, if those States have different blood alcohol content limits under their respective State laws, the Secretary may select one such blood alcohol content limit to apply uniformly on that installation.

(3) For purposes of paragraph (1), the blood alcohol content limit with respect to alcohol concentration in a person’s blood is 0.10 grams of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person’s breath is 0.10 grams of alcohol per 210 liters of breath, as shown by chemical analysis.

(4) In this subsection:

(A) The term “blood alcohol content limit” means the amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.

(B) The term “United States” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and the term “State” includes each of those jurisdictions.

Source

(Aug. 10, 1956, ch. 1041, 70A Stat. 72; Pub. L. 99–570, title III, § 3055,Oct. 27, 1986, 100 Stat. 3207–76; Pub. L. 102–484, div. A, title X, § 1066(a)(1),Oct. 23, 1992, 106 Stat. 2506; Pub. L. 103–160, div. A, title V, § 576(a),Nov. 30, 1993, 107 Stat. 1677; Pub. L. 107–107, div. A, title V, § 581,Dec. 28, 2001, 115 Stat. 1123; Pub. L. 108–136, div. A, title V, § 552,Nov. 24, 2003, 117 Stat. 1481.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
911	50:705.	May 5, 1950, ch. 169, § 1 (Art. 111), 64 Stat. 139.

Amendments

2003—Subsec. (a)(2). Pub. L. 108–136, § 552(1), substituted “is equal to or exceeds” for “is in excess of”.

Subsec. (b)(1)(A). Pub. L. 108–136, § 552(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, such limit is the blood alcohol content limit under the law of the State in which the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in more than one State and subject to the maximum blood alcohol content limit specified in paragraph (3).”

Subsec. (b)(1)(B), (3). Pub. L. 108–136, § 552(2)(B), struck out “maximum” before “blood alcohol content specified” in par. (1)(B) and before “blood alcohol content” in par. (3).

Subsec. (b)(4)(A). Pub. L. 108–136, § 552(2)(C), substituted “amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.” for “maximum permissible alcohol concentration in a person’s blood or breath for purposes of operation or control of a vehicle, aircraft, or vessel.”

2001—Pub. L. 107–107designated existing provisions as subsec. (a), substituted “in excess of the applicable limit under subsection (b)” for “0.10 grams or more of alcohol per 100 milliliters of blood or 0.10 grams or more of alcohol per 210 liters of breath, as shown by chemical analysis” in par. (2), and added subsec. (b).

1993—Par. (2). Pub. L. 103–160inserted “or more” after “0.10 grams” in two places.

1992—Pub. L. 102–484substituted “operation of a vehicle, aircraft, or vessel” for “driving” in section catchline and amended text generally. Prior to amendment, text read as follows: “Any person subject to this chapter who operates any vehicle while drunk, or in a reckless or wanton manner, or while impaired by a substance described in section 912a (b) of this title (article 112a(b)), shall be punished as a court-martial may direct.”

1986—Pub. L. 99–570inserted “or while impaired by a substance described in section 912a (b) of this title (article 112a(b)),”.

Effective Date of 1993 Amendment

Section 576(b) ofPub. L. 103–160provided that: “The amendments made by subsection (a) [amending this section] shall take effect as if included in the amendment to section 911 of title 10, United States Code, made by section 1066(a)(1) ofPublic Law 102–484 on October 23, 1992.”

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–484effective Oct. 23, 1992, and applicable with respect to offenses committed on or after that date, see section 1067 ofPub. L. 102–484, set out as a note under section 803 of this title.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, April 16, 2013

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10 USC	Description of Change	Session Year	Public Law	Statutes at Large

10 USC § 911 - Art. 111. Drunken or reckless operation of a vehicle, aircraft, or vessel

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