Statutes > Washington Statutes > Title 38 - Militia and military affairs > 38.38 - Washington code of military justice. > 38.38.760 - Reckless or impaired operation of a vehicle, aircraft, or vessel.

38.38.760 - Reckless or impaired operation of a vehicle, aircraft, or vessel.

[Art. 111] Reckless or impaired operation of a vehicle, aircraft, or vessel.

(1) Any person subject to this code who:

     (a) Operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in RCW 38.38.762; or

     (b) 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 (2) of this section; or

     (c) Operates or is in actual physical control of any vehicle, aircraft, or vessel in a reckless or wanton manner

shall be punished as a court-martial may direct.

     (2) For purposes of subsection (1) of this section, the blood alcohol content limit with respect to alcohol concentration in a person's blood is 0.08 grams of alcohol per one hundred milliliters of blood and with respect to alcohol concentration in a person's breath is 0.08 grams of alcohol per two hundred ten liters of breath, as shown by chemical analysis.

     (3) For purposes of this section, "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.

[2009 c 378 § 24; 1963 c 220 § 109.]