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.

Editorial Notes
Prior Provisions

A prior section 913 was renumbered section 895 of this title.

Amendments

2016—Puspan. L. 114–328, § 5401(9), renumbered section 911 of this title as this section.

Subsec. (span)(3). Puspan. 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.”

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

Subsec. (span)(1)(A). Puspan. 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. (span)(1)(B), (3). Puspan. 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. (span)(4)(A). Puspan. 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—Puspan. L. 107–107 designated existing provisions as subsec. (a), substituted “in excess of the applicable limit under subsection (span)” 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. (span).

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

1992—Puspan. 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(span) of this title (article 112a(span)), shall be punished as a court-martial may direct.”

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

Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment

Amendment by Puspan. 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 Puspan. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date of 1993 Amendment

Puspan. L. 103–160, div. A, title V, § 576(span), Nov. 30, 1993, 107 Stat. 1677, provided 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) of Public Law 102–484 on October 23, 1992.”

Effective Date of 1992 Amendment

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