Article 113. Drunken or reckless operation of a vehicle, aircraft, or vessel

The Manual for Courts Martial 2019 updated Article 111 that covered drunk driving to UCMJ Article 113 Drunken or reckless operation of a vehicle, aircraft, or vessel. Service members fall under the offense of drunken operation if they drive while impaired. The offense also covers impaired operation of sea and aircraft. For someone suspected of drunk driving either a vehicle, vessel or aircraft, the impairment substances considered in Article 113 fall under Article 112a Wrongful use of controlled substances.

How drunk do I have to be to be convicted of UCMJ Article 113?

For the purpose of UCMJ Article 113, someone stopped for drunk driving may have either their breath or blood tested. the BAC upper limit is an alcohol concentration in a person’s blood is 0.08 grams of alcohol per 100 milliliters of blood. When measuring BAC via a breathalyzer, the upper limit for alcohol concentration in a person’s breath is 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis.

What is the maximum punishment for UCMJ Article 113?

The UCMJ 113 maximum punishment is a Dishonorable discharge, 18-months in jail.  The UCMJ 113 maximum punishment can also include forfeiture of all pay and allowances.

If you are accused of drunk driving you can find more information on this offense and the UCMJ Article 113 maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, by consulting an experienced military lawyer.

Elements of Article 113

(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 0.08 grams of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person’s breath is 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis. 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.

(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.