Legal Eye: One for the road?
Here is a sobering thought: after drinking just one beer, the average size adult male is, according to the Polish Criminal Code, at the threshold of committing a serious crime if he or she decides to drive a motor vehicle. Penalties range from the imposition of a monetary fine to imprisonment, the length of which can, in certain cases, stretch to 18 years. If the Minister of Justice has his way, an additional penalty may soon be imposed: confiscation of the drunk driver's car.
How much is too much?
A person having a blood alcohol content of 0.5 per mille or above, which is the equivalent of drinking one large (0.5 liter) beer, is considered legally intoxicated, pursuant to Art 115 (16) of the Criminal Code. Order a second beer "for the road" and you will almost certainly cross the legal threshold for being declared drunk. The operation of any motorized vehicle, whether on land, water or in the air, by a person exceeding this threshold is in and of itself subject to the imposition of a fine, restrictions on one's liberty or imprisonment for up to two years. The choice of penalty is at the discretion of the judge, depending on the particular circumstances. Imprisonment is a distinct possibility, even for a first-time offender.
Penalties
Operation of a motor vehicle while intoxicated is subject to prosecution under the Criminal Code. Being drunk in public, including at work, is generally subject to prosecution as a misdemeanor.
The Criminal Code provides for up to two years imprisonment if convicted of simple drunk driving; however, this term may be extended up to 18 years in the event a person is seriously injured or killed as a result of the actions of a drunk driver. This penalty is not only restricted to drunk drivers. Any person causing a "catastrophe on land, water or to air traffic that imperils the life or health" of another person is subject to criminal prosecution. The commission of such a crime by a person deemed to be legally drunk is subject to prolongation of the defined prison term by up to 50 percent. For instance, under normal conditions causing an accident that leads to the serious injury or death of another person is punishable by up to 12 years' imprisonment. If the same crime is committed by a person determined to be drunk, that 12-year prison sentence may be extended to 18 years.
Vehicle owners should take note that they too may be held liable for the actions of a drunk driver. An owner who allows a person in a state of intoxication (including under the influence of a narcotic drug) to operate his or her vehicle on a public road is also subject to imposition of a monetary fine or imprisonment of up to two years.
Public intoxication itself is not subject to Criminal Code, but rather is treated as a misdemeanor subject to the imposition of a monetary fine, and for repeat offenders, a prison sentence of up to two years. The same applies to being drunk at the work place.
So, the next time you are having a beer with your colleagues after work, think twice before ordering one more for the road. It very well could be your last beer for the next 18 years.
Paul Fogo is a senior attorney with Miller, Canfield. W. Babicki & Partners. fogo@millercanfield.com
