Reducing Underage Drinking A Collective Responsibility (2004) / Chapter Skim
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9. Access
9. Access
Pages 158-184
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From page 158... ...
There is ample evidence that raising the minimum drinking age in the United States reduced drinking and its associated harms among youth. In all likelihood, these effects on underage consumption were mediated in part through the reduced accessibility of alcohol to youths.
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From page 159... ...
However, the committee believes that the preponderance of the available evidence, including recent evidence from studies on the prevention of youth smoking, supports an emphasis on efforts designed to increase the effectiveness of restrictions on youth access to alcohol. Given that youth usually obtain alcohol -- directly or indirectly -- from adults, the committee also believes that the focus of these efforts should be on adults.
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From page 160... ...
Although there is robust evidence concerning the effects on consumption of increasing the legal minimum drinking age (and the accompanying, but unspecified, efforts to implement it) , there is less evidence on the effects on youth consumption of comprehensive multipronged efforts to strengthen implementation of the underage drinking laws on the kind envisioned in this chapter.1 1An evaluation of the effects of the Enforcing the Underage Drinking Laws program on law enforcement and youth drinking behavior in the jurisdictions funded by the program is in the very early stages.
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From page 161... ...
Studies routinely show that increasing the minimum drinking age significantly decreased the number of fatal traffic crashes, the number of arrests for "driving under the influence" (DUI) , and self-reported drinking by young people (Klepp et al., 1996; O'Malley and Wagenaar, 1991; Saffer and Grossman, 1987a, 1987b; Wagenaar, 1981, 1986; Wagenaar and Maybee, 1986; Voas et al., 1999; Yu et al., 1997)
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From page 162... ...
In some states, counties and municipalities are permitted to take steps to control drinking that may be stricter than those required by state law. However, the National Minimum Drinking Age Act, enacted by the Congress in 1984, requires states to adopt a minimum drinking age of 21 for "purchase or public possession" of alcohol as a condition for receiving federal highway funds.
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From page 163... ...
Finally, and most importantly as noted above, raising the minimum drinking age in the United States significantly decreased self-reported drinking, fatal traffic crashes, alcohol-related crashes, and arrests for DUI among young people (Klepp et al., 1996; O'Malley and Wagenaar, 1991; Saffer and Grossman, 1987; Wagenaar, 1981, 1986; Wagenaar and Maybee, 1986; Yu et al., 1997) .2 The 21-yearold minimum drinking age may also moderate drinking beyond adolescence (O'Malley and Wagenaar, 1991)
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From page 164... ...
164 US UK Ukraine Sweden Slovenia Rep. Slovak Russia Romania Portugal Poland Norway Malta Macedonia.
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From page 165... ...
165 US UK Ukraine Sweden Slovenia Rep. Slovak Russia Romania Portugal Poland Norway Malta Macedonia.
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From page 166... ...
These weaknesses can compromise the effectiveness of minimum age laws. Recommendation 9-1: The minimum drinking age laws of each state should prohibit · purchase or attempted purchase, possession, and consumption of alcoholic beverages by persons under 21; · possession of and use of falsified or fraudulent identification to purchase or attempt to purchase alcoholic beverages; · provision of any alcohol to minors by adults, except to their own children in their own residences; and · underage drinking in private clubs and establishments.
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From page 167... ...
; 12th Graders 9 29 60 6 used past 30 days 18- to 20-year-olds 14 10 68 11 Use of commercial sources appears to be much higher among college students, in urban settings, and where possession and purchase laws are relatively weak or unenforced. Thus, for example, in one survey, 75 percent of college students from New York -- where the purchase and possession of alcohol by minors were not illegal at the time of the study and where the use of false identification was punishable by a relatively small fine -- reported
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From page 168... ...
Local ordinances can send a very strong message about what a community considers to be acceptable norms concerning underage drinking. As noted above, young people under 21 can and do purchase alcohol in commercial settings, notwithstanding the fact that such sales are illegal everywhere.
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From page 169... ...
The significant effect on ninth grade alcohol consumption may have been due to the intervention sensitizing clerks not to sell either tobacco or alcohol to minors. Recommendation 9-2: States should strengthen their compliance check programs in retail outlets, using media campaigns and license revoca tion to increase deterrence.
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From page 170... ...
Recommendation 9-3: The federal government should require states to achieve designated rates of retailer compliance with youth access prohi bitions as a condition of receiving relevant block grant funding, similar to the Synar Amendment's requirements for youth tobacco sales. Specifically, under this requirement, all states, as a prerequisite for receiving funds under one or more block grants (e.g., substance abuse prevention and treatment, enforcing the underage drinking laws)
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From page 171... ...
. Few studies have evaluated the effects of responsible beverage service and sales programs on underage drinking.
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From page 172... ...
. Many state courts have recognized dram shop liability as a common law cause of action -- that is, the courts themselves establish the plaintiff's right to sue under ordinary principles of common law negligence.
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From page 173... ...
. The available studies also suggest that dram shop liability laws can significantly reduce single vehicle nighttime crash deaths, alcohol-related traffic crash deaths, and total traffic crash deaths among minors (Chaloupka et al., 1993; Sloan et al., 1994, 2000)
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From page 174... ...
Recommendation 9-5: States should enact or strengthen dram shop liability statutes to authorize negligence-based civil actions against com mercial providers of alcohol for serving or selling alcohol to a minor who subsequently causes injury to others, while allowing a defense for sellers who have demonstrated compliance with responsible business practices. States should include in their dram shop statutes key portions of the Model Alcoholic Beverage Retail Licensee Liability Act of 1985, including the responsible business practices defense.
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From page 175... ...
Third-party transactions are a common means through which underage drinkers, especially older teens, obtain alcohol (see Tables 9-2 and 9-3 above) , partly because young people may believe it is less risky than trying to purchase alcohol themselves.
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From page 176... ...
States and communities should · routinely undertake shoulder tap or other prevention programs tar geting adults who purchase alcohol for minors, using warnings, rather than citations, for the first offense; · enact and enforce laws to hold retailers responsible, as a condition of licensing, for allowing minors to loiter and solicit adults to pur chase alcohol for them on outlet property; and · use nuisance and loitering ordinances as a means of discouraging youth from congregating outside of alcohol outlets in order to solicit adults to purchase alcohol. Keg Registration Keg registration laws require the purchaser of a keg of beer to complete a form that links his or her name to a number on the keg.
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From page 177... ...
The conflicting findings on social host liability laws may reflect the lack of a comprehensive program that ensures that social hosts are aware of their potential liability exposure. The prospect of liability for social hosts could send a powerful normative message to adults that providing alcohol to underage youth is unacceptable.
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From page 178... ...
Zero tolerance laws have now been enacted in all 50 states. There is strong evidence that zero tolerance laws can reduce underage drinking and driving and crash fatalities.
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From page 179... ...
Recommendation 9-9: States should facilitate enforcement of zero tolerance laws in order to increase their deterrent effect. States should: · modify existing laws to allow passive breath testing, streamlined administrative procedures, and administrative penalties and · implement media campaigns to increase young peoples' awareness of reduced BAC limits and of enforcement efforts.
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From page 180... ...
Recommendation 9-12: Local police, working with community lead ers, should adopt and announce policies for detecting and terminating underage drinking parties, including: · routinely responding to complaints from the public about noisy teen age parties and entering the premises when there is probable cause to suspect underage drinking is taking place; · routinely checking, as a part of regular weekend patrols, open areas where teenage drinking parties are known to occur; and · routinely citing underage drinkers and, if possible, the person who supplied the alcohol when underage drinking is observed at parties. Cops in Shops "Cops in Shops" is a voluntary program developed by the Century Council, a prevention organization sponsored by the alcohol industry.
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From page 181... ...
The effects of the programs on underage drinking are unknown. Media coverage to increase public awareness again seems to be important for the success of these programs.
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From page 182... ...
of Virginia college students reported that they had ever used a false ID to purchase alcohol. The reported use of false identification appears to be greater in urban areas and in states where enforcement is lax or penalties for purchasing alcohol, possessing alcohol, or using false identification are absent or minimal (Preusser et al., 1995)
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From page 183... ...
. Severe, criminal penalties for minors in possession of alcohol or attempting to purchase alcohol are seldom enforced and thus generate, at best, only a modest deterrent effect (Hafemeister and Jackson, in press)
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From page 184... ...
. In summary, the committee believes that state access restrictions, and their enforcement, should be strengthened, with existing ambiguities clarified, and loopholes removed.
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