Airman guilty of DUI: Sentenced to jail Published May 26, 2009 By Lt. Col. Ira Perkins 52nd Fighter Wing Staff Judge Advocate SPANGDAHLEM Air Base, Germany -- Airman Edward J. Zabik, 52nd Aircraft Maintenance Squadron, 23rd Aircraft Maintenance Unit, was sentenced May 21, to 15 days confinement, 15 days restriction to base, reduction in rank to Airman Basic and forfeiture of $699 for one month. On May 10, Airman Zabik, made a decision to drive his car after drinking all night and then all morning long. He had a designated driver for most of the night, but at the last minute he decided to change seats and try driving the short distance from the main gate to his dorm. Shortly before 7 a.m. that Sunday, Security Forces stopped his vehicle at the gate and arrested him before he could gain entrance to the base. Just 11 days later, Airman Zabik's reckless decision swiftly resulted in a jail sentence following his summary court-martial and guilty plea of violating Article 111 of the Uniform Code of Military Justice - operating a passenger car with a blood alcohol content level of more than .10 percent. First Lieutenant Jeffrey Lorek, 52nd Fighter Wing, Office of the Staff Judge Advocate and lead prosecutor for the Government, argued that the summary court-martial officer should consider three aggravating factors justifying confinement. Among them were: Airman Zabik's BAC of .24 percent - more than twice the legal amount, the fact that he had a passenger in his car while driving drunk and the fact that he had a prior administrative discipline action. Lieutenant Lorek pointed out to the Court that Airman Zabik could have hit any number of people who were out walking or driving on base that Sunday morning, including Airmen on their way to work or civilians on their way to church. "Even a short drunk drive can be a deadly drunk drive," Lieutenant Lorek said. During the sentencing, the Government's lead witness, Airman Zabik's first sergeant, explained that there were numerous options available to Airman Zabik as alternatives to driving drunk. During direct examination, Lieutenant Lorek established that Airman Zabik decided to drive drunk despite receiving several briefings from his first sergeant, his Chief and even his commander. The prosecutor argued that Airman Zabik got behind the wheel instead of pulling out his Ride for Life Card or his unit's RAM card, both of which provide several phone numbers of fellow Airmen who would have been more than willing to pick him up so he wouldn't drive drunk. In his statement to the Court, Airman Zabik recognized that he made a horrible decision in breaking the law, and he expressed remorse. "There is no excuse for the actions I took on the morning of 10 May 09. I feel horrible for letting down the rest of my fellow Airmen and the base . . . I wish I could go back to that morning and stop myself from being so stupid," Airman Zabik said. "Unfortunately, I cannot." This court-martial serves as a reminder that the Air Force and Spangdahlem Air Base leadership view drunk driving as a very serious crime--regardless of whether someone gets injured or not. "This is the exact reason why we conducted those Airman's Calls earlier this month. Unfortunately that message didn't get through to some of our young Sabers," said Col. Lee Wight, 52nd FW Commander. "We all need to be accountable and take responsibility for our own actions. For the safety of all our Sabers, our security forces and our legal system will help hold people accountable if necessary." Please, have a designated driver all night, take a taxi cab or, if you have to, call your first sergeant or someone else who can help you out in a bind. Would you rather annoy your first sergeant with a 3 a.m. phone call, or risk being court-martialed and potentially being sent to jail? Be responsible and safe, Sabers.