Federal Crime Statutes
18 U.S. Code Part I
Chapter 17a — Common Carrier Operation Under the Influence of Alcohol or Drugs
This chapter pertains to federal laws prohibiting impaired operation of mass-transport systems. A few key points:
- This is federal law, supplementing state DUI laws, but applies specifically to commercial and interstate transport operators.
- The 15-year maximum prison term reflects the seriousness of risking public safety on a large scale.
- The presumptions in §343 shift the burden: once BAC or drug presence is proven, the operator must overcome the legal presumption of impairment.
Sections:
§ 341 — Definitions
As used in this chapter, the term “common carrier” means a locomotive, a rail carrier, a sleeping car carrier, a bus transporting passengers in interstate commerce, a water common carrier, and an air common carrier.
§ 342 — Operation of a common carrier under the influence of alcohol or drugs
Whoever operates or directs the operation of a common carrier while under the influence of alcohol or any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), shall be imprisoned not more than fifteen years or fined under this title, or both.
§ 343 — Presumptions
For purposes of this chapter—
- (1) an individual with a blood alcohol content of .10 percent or more shall be presumed to be under the influence of alcohol; and
- (2) an individual shall be presumed to be under the influence of drugs if the quantity of the drug in the system of the individual would be sufficient to impair the perception, mental processes, or motor functions of the average individual.
