§ 2D2.3.
Operating or Directing the Operation of a Common Carrier Under the Influence of Alcohol or Drugs
(a) Base Offense Level (Apply the greatest):
(1) 26, if death resulted; or
(2) 21, if serious bodily injury resulted; or
(3) 13, otherwise.
(b) Special Instruction:
(1) If the defendant is convicted of a single count involving the death or serious bodily injury of more than one person, apply subsection (b) of §3D1.1 (Procedure for Determining Offense Level on Multiple Counts) as if the defendant had been convicted of a separate count for each such victim.
Historical note
Effective November 1, 1987. Amended effective January 15, 1988 (amendment 25); November 1, 1989 (amendment 141); November 1, 2023 (amendment 824); November 1, 2025 (amendment 836); November 1, 2026 (amendment 840).
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Commentary
Statutory provisions
Statutory Provision: 18 U.S.C. § 342.
Background
Background: This section implements the direction to the Commission in section 6482 of the Anti-Drug Abuse Act of 1988. Offenses covered by this guideline may vary widely with regard to harm and risk of harm. The offense levels assume that the offense involved the operation of a common carrier carrying a number of passengers, e.g., a bus.