Section 26.05.855. Drunken or reckless operation of a vehicle, aircraft, or vessel.

   (a) A member of the militia who operates or physically controls a nonmilitary vehicle, aircraft, or vessel in a negligent or reckless manner may be punished by separation with characterization up to dishonorable discharge and by such other punishment as a court-martial may direct if the charge is for negligent operation or control, or by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the charge is for reckless operation or control. A court-martial may not impose a sentence of confinement under this subsection if the charge is for negligent operation or control.
   (b) A member of the militia who (1) operates or physically controls a nonmilitary vehicle, aircraft, or vessel while impaired by a substance described in AS 26.05.870(c), or (2) operates or is in actual physical control of a nonmilitary vehicle, aircraft, or vessel while under the influence of alcohol or when the alcohol concentration in the person's blood or breath is equal to or exceeds the applicable limit under (d) of this section may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct, or under (e) of this section if the member is not in active duty status at the time of the offense, or by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the member is in active duty status at the time of the offense.
   (c) A member of the militia who (1) operates or physically controls a vehicle, aircraft, or vessel of the armed forces of the United States or the militia of a state in a negligent or reckless manner or while impaired by a substance described in AS 26.05.870(c), or (2) operates or is in actual physical control of a vehicle, aircraft, or vessel of the armed forces of the United States or the militia of a state while under the influence of alcohol or when the alcohol concentration in the person's blood or breath is equal to or exceeds the applicable limit under (d) of this section may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.
   (d) For purposes of (b) and (c) of this section,
        (1) in the case of the operation or control of a vehicle, aircraft, or vessel in the United States, the applicable limit on the alcohol concentration in a person's blood or breath is the lesser of
             (A) the blood alcohol content limit under the law of the state in which the conduct occurred, except as provided under (3) of this subsection for conduct on a military installation that is in more than one state; and
             (B) the blood alcohol content limit under AS 28.35.030;
        (2) 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 0.10 grams of alcohol for each 100 milliliters of blood with respect to alcohol concentration in a person's blood and is 0.10 grams of alcohol for each 210 liters of breath with respect to alcohol concentration in a person's breath, as shown by chemical analysis or a lower limit that the Secretary of Defense may prescribe by regulation;
        (3) 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 of Defense may select one of the blood alcohol content limits to apply uniformly on that installation.
   (e) A member of the militia may be punished by up to five years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct if the member of the militia is convicted under (b) of this section and has been previously convicted two or more times within the 10 years preceding the date of the present offense.
   (f) Unless otherwise specifically defined or unless the context otherwise requires, in this section,
        (1) "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;
        (2) "nonmilitary" means not of the armed forces of the United States or of the militia of a state;
        (3) "state" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa;
        (4) "United States" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa.

Notes

History

(Sec. 4 ch 55 SLA 2016)