"If, during a race, my own wheel overtakes me, I know for certain I'm driving a Lotus."
Graham Hill
All our readers will surely agree that drinking alcohol is a strictly personal matter for every individual. The situation changes, however, when it comes to causing harm to others while in a state that doesn't allow one to fully assess the nature and consequences of one's actions. After drinking, any sensible person should care very much about how, and by what means, they get home or anywhere else. Alcohol affects the functioning of the human body and one's ability to perform in different ways, increasing the likelihood of mistakes. Even a momentary lapse in attention or self-control can lead to serious consequences. Alcohol impairs the ability to act correctly in road traffic. For drivers of motor vehicles, even a small amount of alcohol in the blood weakens the ability to cope with a difficult traffic situation. Reduced attention and error assessment begin to show from as little as 0.2 per mille. As blood alcohol content rises, the field of observation narrows, reaction time slows, and it becomes harder to keep track of what's happening. The ability to assess a situation weakens, increasing the risk of an accident. A blood alcohol level above 0.5 per mille increases the risk of an accident tenfold compared to a sober driver. With each additional per mille, the risk grows manifold.
Another danger is that alcohol dulls the instinct for self-preservation. Very often, drunk drivers speed and ignore traffic lights and road signs. Such "fun" all too often ends badly. An intoxicated person's self-assessment is rarely objective; those who have had a few drinks often find themselves unable to accurately judge their level of intoxication and overestimate their own abilities.
As is well known, driving under the influence is prohibited in Germany, as in any other country. For drivers who have held a licence for less than two years, or who are under 21, the permitted blood alcohol level is zero per mille. For everyone else, it is 0.3. Below 0.3 per mille, a driver is considered sober in the sense that such a small amount of alcohol has no meaningful effect on their ability to drive. If a driver's blood alcohol level is between 0.3 and 0.5, the matter is limited to a verbal warning — provided, of course, they have not committed any other violation. If the blood alcohol level exceeds the legal threshold, the driver is fined — €500 for a first offense. For a repeat offense, the fine doubles, and the driver loses their licence for up to 3 months. A third offense carries a fine that rises to €1,500 and the loss of the licence for the same period. If the blood alcohol level exceeds 1.1 per mille, the driver faces not only a fine but also imprisonment for up to 6 months and loss of the driving licence for up to 5 years. Unfortunately, despite the possible severe consequences of driving under the influence, and despite the fines and other penalties under criminal law, many people continue to get behind the wheel while intoxicated, putting their own lives and the lives of others at significant risk. We tell readers how this can end in this article.
The Client's Story: A Smashed Phone and a Drive onto the Autobahn
One case from our varied legal practice involved representing a man — let's call him Konstantin — who caused a dangerous accident while intoxicated. He came to our firm when he faced imprisonment and the long-term loss of his driving licence, but let's take things in order. Konstantin had been living in Germany for about ten years. Having moved to Germany from Ukraine under a family reunification program, he had already managed quite a lot — having a child, getting divorced, changing about a dozen employers, and living in various parts of the country. Konstantin had always been sociable and quick to make friends and acquaintances for spending his free time. Berlin, the city he had moved to about six months earlier, was no exception. Within just a month, he had made friends, and even a girlfriend, with whom he enjoyed spending his free time.
On one Friday evening, nothing seemed to foreshadow trouble. Having bought a bottle of whiskey at the supermarket, Konstantin, as usual, "dropped by" his girlfriend's place, where he planned to spend the night. But the evening soon "stopped being calm" — while she was busy cooking in the kitchen, Konstantin saw a message from another man on her phone. He started reading through the earlier messages and discovered a great deal he hadn't known. As it turned out, he was far from the only man in her life. What's more, she had been actively discussing her partners with friends in messages, describing Konstantin in terms he did not care for at all. Fueled by the alcohol he'd had, Konstantin, not normally known for a violent temper, lost his composure, smashed the unfortunate phone on the floor, got dressed, grabbed his car keys, and set off to drive wherever his eyes led him.
Hitting a Motorcyclist and Fleeing the Police
Unfortunately, by that point his eyes weren't seeing things very clearly at all. He didn't want to go home, it was too late to call friends, and he needed some way to work off his pent-up frustration and tension. After driving around the empty city for a while, Konstantin got onto the autobahn. Always fond of fast cars, Konstantin felt a sense of freedom driving quickly. After such an unsuccessful evening, he needed an outlet for his temper. Blasting music, the intoxicated driver had gone about 50 kilometers down the autobahn when he came across a motorcyclist, whom, unfortunately, Konstantin noticed too late. Despite trying to avoid a collision, he hit the motorcyclist, throwing him off his bike and onto the road. Fortunately, the victim was lucky — despite the pain in his injured knee, he managed to get off the road, which undoubtedly saved his life.
The abandoned motorcycle, left at the scene, then caused a second accident. The driver of a car coming up behind failed to notice the obstacle in the dark and crashed into the motorcycle, puncturing a tire. That driver, however, miraculously managed to keep control and stop the car. Our "hero," meanwhile, kept driving and fled the scene. The victims of the accident immediately contacted the traffic police. Once alerted, the police set off in pursuit. This "endeavor," it must be said, went on for quite some time — Konstantin, blasting music and barely aware of himself, sped down the autobahn, with the police unable to catch up until they closed off the road and stopped the reckless "racer."
The Attorney's Work: Reducing the Sentence from 1.8 to 1.3 Years, Suspended
After criminal proceedings were opened against him, Konstantin came to our firm to have us represent his interests in the court proceedings. Our client faced a sentence of 1.8 years' imprisonment and a driving ban of up to 5 years. He was, of course, deeply remorseful about what had happened and was willing to compensate those affected. Setting aside any moral judgment or psychological analysis, the criminal-defense attorney got to work. He gathered documents showing that this was the first time our client had committed such an offense, that he deeply regretted it, that he had fully compensated the victims for their material and non-material losses, and that he would never do anything like it again. Indeed, our client had no record of any serious traffic violations during his entire time driving in Germany, apart from a few speeding tickets. Thanks to the attorney's skilled defense, the sentence was reduced to 1.3 years' imprisonment, suspended, and a driving ban of up to 3 years.
Conclusion
This case from our practice clearly shows that people come to us for legal help not only when they are victims in need of having their rights and legitimate interests protected, but also when they themselves have broken the law and public order. In such cases, the task of a qualified attorney is to fully analyze all the circumstances of the incident and build an evidentiary case so that the resulting punishment is proportionate to the offense and the accused's rights are not violated. An experienced attorney, with dozens of complex cases of various kinds behind them, is unlikely to be shocked by, or to judge, a client's conduct on moral grounds. Nevertheless, using the legal tools available, they will do everything possible to defend the client's rights, both in court and in dealing with those affected. We sincerely hope our readers never find themselves in a similar situation, but life often brings us surprises that aren't always pleasant. If you find yourself needing a consultation and the protection of an experienced attorney, the doors of our firm are always open to you.
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