QUESTION
Is driving to an Alcohol screening alone potentially a criminal act especially if someone gets hurt?
Asked on Feb 19th, 2013 on Personal Injury - New York
More details to this question:
A co-worker was suspected of drinking on the job. The boss called in for him to go get an alcohol test. This was not a random but a requested test. He was told to go to the clinic for the test. He was then allowed to drive himself to the clinic. This to me seems like irresponsible behavior on the part of my boss, to allow him to drive himself to the clinic. Thanks for your thoughts. P.S. He was found to be impaired. I had to go pick him up from the clinic.
5 ANSWERS
Ronald A. Steinberg
Stay out of it. Let the system run its course.
Answered on Feb 25th, 2013 at 7:06 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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In S.C., driving alone to an alcohol screening is not illegal. Diving while your ability to operate a motor vehicle is materially impaired by alcohol or drugs is illegal (it is Driving Under the Influence).
Answered on Feb 24th, 2013 at 8:10 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Don't understand your question or why you asked it what is your purpose? What are you trying to do? Driving under the influence is a violation of the law under any circumstance. If your boss asked an employee to drive knowing he was impaired your boss is an idiot and does not deserve to be a boss. if someone were hurt as a result your boss would be guilty of aiding and abetting a drunk driver and would be responsible in damages along with the driver does this answer your inquiry?
Answered on Feb 21st, 2013 at 9:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, asking or instructing a person believed to be intoxicated to drive to a remote test site is foolish. However it remains the responsibility of the person actually driving for making the choice to actually operate the car. Do not seek to shift the blame to anyone other than the drinker, Otherwise you are enabling the drinking.
Answered on Feb 21st, 2013 at 2:02 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In my opinion, since the employer didn't actually know that the employee was impaired, directing him to go get a test is not a criminal act. It is certainly negligent however, and possibly reckless. If the employee had injured someone, then the employee, the boss and the company they work for could all be held liable.
Answered on Feb 21st, 2013 at 2:02 PM