§ 913. Art. 113. Drunken or reckless operation of a vehicle, aircraft, or vessel

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Aug. 10, 1956, ch. 1041, 70A Stat. 72, § 911 · 70A Stat. 72

   Enacted · 10 U.S.C. § 913

   Aug. 10, 1956, ch. 1041, 70A Stat. 72, § 911

   Source evidence

   Code source credit
   Aug. 10, 1956, ch. 1041, 70A Stat. 72, § 911

2. 1986

   Defense Drug Interdiction Assistance Act

   Pub. L. 99–570 title III § 3055 · 100 Stat. 3207

   Inserted · 10 U.S.C. § 913

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

   Source evidence

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

   Enacted provision · exact public law section
   SEC. 3055. DRIVING WHILE IMPAIRED. Section 911 of title 10, United States Code, is amended by inserting “or while impaired by a substance described in section 912a(b) of this title (article 112a(b)),” after “manner,”.

3. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. A title X § 1066(a)(1) · 106 Stat. 2315

   1. Substituted · 10 U.S.C. § 913

      Pub. L. 102–484 substituted “operation of a vehicle, aircraft, or vessel” for “driving” in section catchline

   2. Amended · 10 U.S.C. § 913

      Pub. L. 102–484 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.”

   Source evidence

   Code amendment note
   Pub. L. 102–484 substituted “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.”

   Enacted provision · exact public law section
   (1) Section 911 (article 111) of title 10, United States Code, is amended to read as follows: “§ 911. Art. 111. Drunken or reckless operation of a vehicle, aircraft, or vessel “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 0.10 grams of alcohol per 100 milliliters of blood or 0.10 grams of alcohol per 210 liters of breath, as shown by chemical analysis, shall be punished as a court-martial may direct.”.

4. 1993

   Pub. L. 103–160 div. A title V § 576(a) · 107 Stat. 1547

   Inserted · 10 U.S.C. § 913(2)

   Pub. L. 103–160 inserted “or more” after “0.10 grams” in two places

   Source evidence

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

   Enacted provision · exact public law section
   (a) Clarification.— Paragraph (2) of section 911 of title 10, United States Code (article 111 of the Uniform Code of Military Justice), is amended by inserting “or more” after “0.10 grams” both places such term appears.

5. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title V § 581 · 115 Stat. 1012

   1. Amended · 10 U.S.C. § 913

      Pub. L. 107–107 designated existing provisions as subsec. (a)

   2. Substituted · 10 U.S.C. § 913

      Pub. L. 107–107 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)

   3. Added · 10 U.S.C. § 913

      Pub. L. 107–107 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 107–107 designated 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).

   Enacted provision · exact public law section
   SEC. 581. BLOOD ALCOHOL CONTENT LIMIT FOR THE OFFENSE UNDER THE UNIFORM CODE OF MILITARY JUSTICE OF DRUNKEN OPERATION OF A VEHICLE, AIRCRAFT, OR VESSEL. Section 911 of title 10, United States Code (article 111 of the Uniform Code of Military Justice), is amended— (1) by inserting “(a)” before “Any person”; (2) by striking “0.10 grams” the first place it appears and all that follows through “chemical analysis” and inserting “in excess of the applicable limit under subsection (b)”; and (3) by adding at the end the following: “(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 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). “(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 maximum 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 maximum 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 maximum permissible alcohol concentration in a person’s blood or breath for purposes of operation or control of a vehicle, aircraft, or vessel. “(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.”.

6. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 552(1) · 117 Stat. 1392

   Substituted · 10 U.S.C. § 913(a)(2)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) in subsection (a)(2), by striking “is in excess of” and inserting “is equal to or exceeds”; and

7. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 552(2)(A) · 117 Stat. 1392

   Amended · 10 U.S.C. § 913(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).”

   Source evidence

   Code amendment note
   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).”

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking subparagraph (A) and inserting the following: “(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).” ;

8. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 552(2)(B) · 117 Stat. 1392

   Struck · 10 U.S.C. § 913(b)(1)(B); 10 U.S.C. § 913(b)(1)(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)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (B) in paragraphs (1)(B) and (3), by striking “maximum”; and

9. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 552(2)(C) · 117 Stat. 1392

   Substituted · 10 U.S.C. § 913(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (C) in paragraph (4)(A), by striking “maximum permissible” and all that follows through the period at the end and inserting “amount of alcohol concentration in a person’s blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited.”.

10. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5401(9) · 130 Stat. 2000

    Changed · 10 U.S.C. § 913

    Pub. L. 114–328, § 5401(9), renumbered section 911 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 114–328, § 5401(9), renumbered section 911 of this title as this section.

    Enacted provision · exact public law section
    (9) Drunken or reckless operation of a vehicle, aircraft, or vessel.— Section 911 (article 111) is transferred so as to appear after section 912a (article 912a) and is redesignated as section 913 (article 113).

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

11. 2016

    Military Justice Act of 2016

    Pub. L. 114–328 § 5425 · 130 Stat. 2000

    1. Substituted · 10 U.S.C. § 913(b)(3)

       Pub. L. 114–328, § 5425, substituted “0.08 grams” for “0.10 grams” in two places

    2. Inserted · 10 U.S.C. § 913(b)(3)

       Pub. L. 114–328, § 5425, inserted at end “The Secretary may by regulation prescribe limits that are lower than the limits specified in the preceding sentence, if such lower limits are based on scientific developments, as reflected in Federal law of general applicability.”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 114–328, § 5425, substituted “0.08 grams” for “0.10 grams” in two places and inserted at end “The Secretary may by regulation prescribe limits that are lower than the limits specified in the preceding sentence, if such lower limits are based on scientific developments, as reflected in Federal law of general applicability.”

    Enacted provision · exact public law section
    SEC. 5425. LOWER BLOOD ALCOHOL CONTENT LIMITS FOR CONVICTION OF DRUNKEN OR RECKLESS OPERATION OF VEHICLE, AIRCRAFT, OR VESSEL.   Subsection (b)(3) of section 913 of title 10, United States Code (article 113 of the Uniform Code of Military Justice), as transferred and redesignated by section 5401(9) of this Act, is amended— (1) by striking “0.10 grams” both places it appears and inserting “0.08 grams”; and (2) by adding at the end the following new sentence: “The Secretary may by regulation prescribe limits that are lower than the limits specified in the preceding sentence, if such lower limits are based on scientific developments, as reflected in Federal law of general applicability.”.

    Effective date note
    Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

14 of 15 references resolved to an enrolled provision · 1 partial