2008 edition - Fort Sam Houston - U.S. Army

34.f.(3)
w e e n a n d h o u r s
on , 20 , been duly informed
of decreasing radar ranges and constant radar bearing
indicating that the said was
upon a collision course approaching a radar target,
did then and there negligently suffer the said vessel
to be hazarded by failing and neglecting to report
said collision course with said radar target to the
officer of the deck, as it was his/her duty to do, and
h e / s h e , t h e s a i d , t h r o u g h n e g l i -
gence, did cause the said to coll
i d e w i t h t h e a t o r
about hours on said date, with resultant
damage to both vessels.
35. Article 111–Drunken or reckless
operation of vehicle, aircraft, or vessel
a. Text of statute.
(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
v e h i c l e , a i r c r a f t , o r v e s s e l o u t s i d e t h e U n i t e d
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.
IV-52
(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 concent
r a t i o n i n a p e r s o n ’ s b l o o d i s 0 . 1 0 g r a m s o f
a l c o h o l p e r 1 0 0 m i l l i l i t e r s o f b l o o d a n d w i t h
r e s p e c t t o a l c o h o l c o n c e n t r a t i o n i n a p e r s o n ’ s
breath is 0.10 grams of alcohol per 210 liters of
breath, as shown by chemical analysis.
(4) In this subsection:
( A ) T h e t e r m “ b l o o d a l c o h o l c o n t e n t l i m i t ”
means the amount of alcohol concentration in a
person’s blood or breath at which operation or
c o n t r o l o f a v e h i c l e , a i r c r a f t , o r v e s s e l i s
prohibited.
(B) The term “United States” includes the District
of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, and American
S a m o a a n d t h e t e r m “ S t a t e ” i n c l u d e s e a c h o f
those jurisdictions.
b. Elements.
(1) That the accused was operating or in physical
control of a vehicle, aircraft, or vessel; and
(2) That while operating or in physical control of
a vehicle, aircraft, or vessel, the accused:
(a) did so in a wanton or reckless manner, or
(b) was drunk or impaired, or
(c) the alcohol concentration in the accused’s
blood or breath equaled to or exceeded the applicable
limit under subparagraph (b) of paragraph 35a.
[ N O T E : I f i n j u r y r e s u l t e d a d d t h e f o l l o w i n g
element]
(3) That the accused thereby caused the vehicle,
aircraft, or vessel to injure a person.
c. Explanation.
(1) Vehicle. See 1 U.S.C. § 4.
(2) Vessel. See. 1 U.S.C. § 3.
(3) Aircraft. Any contrivance used or designed
for transportation in the air.
(4) Operates. Operating a vehicle, aircraft, or vessel
includes not only driving or guiding a vehicle,
aircraft or vessel while it is in motion, either in
person or through the agency of another, but also
setting of its motive power in action or the manipu-