It is operating or physically controlling a vehicle, vessel, or aircraft with such a high degree of negligence that if death were caused, the accused would have committed involuntary manslaughter, at least. Reckless operation or physical control of a vehicle, vessel, or aircraft is apparent when the accused exhibits a culpable disregard of foreseeable consequences to others from the act or omission involved. 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 manipulation of its controls so as to cause the particular vehicle, aircraft, or vessel to move. Physical control and actual physical control are synonymous and describe one’s capability and power to dominate, direct, or regulate the vehicle, vessel, or aircraft, either in person or through the agency of another, regardless of whether such vehicle, aircraft, or vessel is operated. Drunk is used to specify alcohol intoxication while impaired refers to intoxication by a controlled substance. Understanding Article 113 (Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel) of the UCMJįor the purposes of Article 113, drunk and impaired refer to any intoxication that is sufficient to impair the mental or physical faculties of the service member. If the violation resulted in the injury of a person, the caveat “the accused thereby caused the vehicle, aircraft, or vessel to injure a person” must be added. the alcohol concentration in the accused’s blood or breath equaled or exceeded the applicable limit.did so in a wanton or reckless manner or.while operating or in physical control of a vehicle, aircraft, or vessel, the accused.

the accused was operating or in physical control of a vehicle, aircraft, or vessel and.In order to be convicted of an Article 113 violation, the prosecution must demonstrate The Secretary of Defense may by regulation prescribe limits that are lower than the limits specified, if such lower limits are based on scientific developments, as reflected in Federal law of general applicability. If the military installation at which the transgression occurred is located in more than one state, and those states have different blood alcohol content limits, the Secretary of Defense may select one blood alcohol content limit, and have it applied uniformly to the entire installation.įor violations of Article 113 regarding the operation or control of a vehicle, aircraft, or vessel outside the United States, the blood alcohol limit is an alcohol concentration of 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 of Defense may, by regulation, prescribe limits that are lower than the limits specified, if such lower limits are based on scientific developments, as reflected in Federal law of general applicability. operate 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.įor violations of Article 113 regarding the operation or control of a vehicle, aircraft, or vessel in the United States, the blood alcohol limit is the lesser of the blood alcohol content limit of the state in which the infraction occurred or an alcohol concentration of 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.operate or physically control any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance or.The MCM specifies a service member may be subject to prosecution due to a violation of Article 113 if they: UCMJ Article 113 Drunken or Reckless Operation of a Vehicle, Aircraft, or Vessel

Vehicle vessel meaning