Article 112 Drunk on Duty

Article 112: Drunk on Duty, may at first seem like a relatively light offense, but it can entail very serious penalties. Any member of the military caught under the influence of drugs or alcohol while on duty can face loss of their military benefits and pension or even Dishonorable Discharge.

Soldiers, Sailors, Airmen, and Marines suspected of being drunk on duty may be subject to UCMJ Article 112 Drunkenness and other incapacitation offenses.

Drunk on duty under Article 112 of the UCMJ occurs when service member is on any form of military duty and is in a state of intoxication by alcohol that is sufficient to impair the rational and full exercise of mental or physical faculties, or the state of meeting or exceeding a blood alcohol content limit with respect to alcohol concentration in a person’s blood of 0.08 grams of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person’s breath of 0.08 grams of alcohol per 210 liters of breath, as shown by chemical analysis.

The MCM specifies under Article 112 any service member may be subject to prosecution if they are drunk on duty, are incapacitated for the proper performance of their duty, due to an indulgence in an alcoholic beverage or any drug or are drunk while they are a prisoner.

Under this article enlisted members who are found to be under the influence while on duty are punished severely as directed through a court martial. This article covers incidents when an enlisted member (other than a sentinel or lookout) is drunk. Situations where the accused is under the influence of drugs or other intoxicating substances are covered in Article 112a.

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