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TITLE 32 - NATIONAL DEFENSE
SUBTITLE A - DEPARTMENT OF DEFENSE
CHAPTER I - OFFICE OF THE SECRETARY OF DEFENSE
SUBCHAPTER D - PERSONNEL, MILITARY AND CIVILIAN
PART 62B - DRUNK AND DRUGGED DRIVING BY DOD PERSONNEL
62b.7 - Definitions.
(a) Blood Alcohol Content (BAC). The percentage, by weight, of alcohol in a person's blood as determined by blood, urine, or breath analysis.
Percent of weight by volume of alcohol in the blood is based on grams of alcohol per 100 milliliters of blood.
(b) Conviction. An official determination or finding as authorized by State or Federal law or regulation, including a final conviction by a court or court-martial (whether based on a plea of guilty or a finding of guilty and regardless of whether the penalty is rebated, deferred, suspended, or probated), an unvacated forfeiture of bail or other collateral deposited to secure a defendant's appearance in court, a plea of nolo contendere accepted by a court, or a payment of a fine.
(c) DoD issuances. DoD Directives, Instructions, publications and changes thereto.
(d) DoD personnel(1) Civilian personnel. Employees of the Department of Defense whose salary or wages are paid from appropriated or nonappropriated funds.
(2) Military personnel. All U.S. military personnel on active duty, U.S.
military reserve or National Guard personnel on active duty, and Military Service academy cadets.
(e) Driving privileges. Operation of a privately owned motor vehicle on an installation or in areas where traffic operations are under military supervision.
(f) Intoxicated driving. Includes one or more of the following: (1) Operating a motor vehicle under any intoxication caused by alcohol or drugs in violation of Article 111 of the UCMJ (see paragraphs 190 and 191 of the Manual for Courts-Martial or a similar law of the jurisdiction in which the vehicle is being operated.
(2) Operating a motor vehicle with a BAC of .10 or higher on a military installation or in an area where traffic operations are under military supervision.
(3) Operating a motor vehicle with a BAC of .10 or higher in violation of the law of the jurisdiction in which the vehicle is being operated.
(4) Operating a motor vehicle with a BAC of .05 but less than .10 in violation of the law of the jurisdiction in which the vehicle is being operated if the jurisdiction imposes a suspension or revocation solely on the basis of the BAC level.
(g) Supporting agency. The agency that accepts the responsibility and performs the actions necessary to accomplish any of the requirements of this part (for example, one of the Military Services supporting a Defense Agency through installation vehicle registration, screening of intoxicated drivers, or supervisor education).
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