Starting level and typical ranges
These ranges use the starting level alone, before any adjustments, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| Was anyone hurt: No one died or was seriously hurt | 13 | 12–18 months | 8–14 months | 4–10 months | 18–24 months |
| Was anyone hurt: Someone was seriously hurt | 21 | 37–46 months | 27–33 months | 21–27 months | 41–51 months |
| Was anyone hurt: Someone died | 26 | 63–78 months | 46–57 months | 37–46 months | 70–87 months |
Important details
- If a single count involves the death or serious injury of more than one person, the multiple count rules apply as if there were a separate conviction for each victim (§2D2.3(b)(1)).
- The levels assume a carrier with a number of passengers, such as a bus (§2D2.3, background).
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
- Calculator limits: Extra counts for more than one victim under §2D2.3(b)(1) are not added automatically.
Frequently asked questions
What is the base offense level for operating a common carrier under the influence?
The guideline for operating a common carrier under the influence is §2D2.3 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 13 to level 26. The table on this page lists each starting point.
What is the guideline range for operating a common carrier under the influence with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 13) alone, a person with no criminal history points who pleads guilty scores 4–10 months, including the 2-level zero-point reduction. Adjustments such as role in the offense or obstruction can change the level, and the judge can sentence outside the range.
Is probation possible for operating a common carrier under the influence?
Possibly, with conditions. At the first starting point in the table with a guilty plea and the zero-point reduction the range is in Zone B, which allows probation with home detention, community confinement or intermittent confinement, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)).
Is the calculator accurate for operating a common carrier under the influence?
It follows §2D2.3 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
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