Underage drinking in America
Encyclopedia
Minor (law)
In law, a minor is a person under a certain age — the age of majority — which legally demarcates childhood from adulthood; the age depends upon jurisdiction and application, but is typically 18...
and adults under 21 years of age across the country.
Although the minimum legal age to purchase alcohol is 21 in all states (see National Minimum Drinking Age Act
National Minimum Drinking Age Act
The National Minimum Drinking Age Act of 1984 was passed on July 17, 1984 by the United States Congress as a mechanism whereby all states would become thereafter required to legislate the age of 21 years as a minimum age for purchasing and publicly possessing alcoholic beverages...
), the legal details vary greatly. While a few states completely ban alcohol usage for people under 21, the majority have exceptions that permit consumption.
Underage drinking has become an activity primarily done behind closed doors. Typically, underage drinkers hide their alcohol consumption by drinking quickly before they go out which is often referred to as pregaming or pre-partying. Brittany Levine explained in her article “Pre-Partying” in the USA Today newspaper that, “of all drinking events involving pre-partying, 80% involved additional drinking afterward.” Those who oppose a complete ban on underage drinking argue that it is important that minors be introduced to alcohol in a controlled environment, so that supervision and guidance might occur instead of experimentation. Some parents are willing to provide alcohol for their children if they drink it in a controlled environment. Furnishing alcohol to one's own children is permitted in 31 states, while it's illegal to do so for other people's children in all 50 states. Social host ordinances have been enacted in a number of jurisdictions to attempt to limit the parties where adults may permit minors to drink. Social host laws or ordinances have proliferated in the last 10 years because it has been too difficult for law enforcement to prove which adult(s) furnished or served alcohol to minors in their own home, so it permits them to cite or arrest the adult who has control of the premises.
Controversies
Gallup reports that seventy-seven percent of the population over 21 supports the current 21-year drinking age. As it stands, any state that lowers its alcohol purchase or possession age would lose 10% of its federal highway funding. This could range from a $6 million–150 million loss for any single state.In 2007, the drinking age debate in the United States was renewed when Choose Responsibility
Choose Responsibility
Choose Responsibility is a non-profit organization in the United States that promotes public awareness of the dangers of excessive and reckless alcohol consumption by young adults. The main goal is to lower the minimum drinking age by educating the public. It was founded and is directed by Dr...
began promoting lowering of the drinking age coupled with education and rules to persuade people to drink responsibly before they are of legal age. Before one is eligible to buy, possess and consume alcohol, an alcohol education class must be completed in its entirety and each teen must pass a final examination before licensing can occur. If a teen has any alcohol-related law violations before they turn 18, they will have a minimum of one year per violation before they are eligible to be licensed.
In 2008, McCardell and the presidents of over 100 U.S. colleges and universities launched the Amethyst Initiative
Amethyst Initiative
The Amethyst Initiative is an organization made up of U.S. college presidents and chancellors that in July 2008 launched a movement calling for the reconsideration of U.S...
, a campaign to debate the effectiveness of present alcohol laws.
Although the incidence of underage drinking is still significant, government, university and national statistics have confirmed that alcohol use and binge drinking among high school students has declined steadily over the past three decades, and continues to decline annually. However, it is not clear whether or not this relationship is a causal one.
Many believe that anyone under the age of twenty-one can not consume alcohol in the United States. However, this is incorrect because underage drinking is allowed in 31 states with parental consent and 17 states with spousal consent, if the consenting spouse is over 21.
Alcohol access by minors
A survey of over 6000 teenagers revealed (1):- Teenagers usually get their alcohol from persons 21 or older. The second most common source for high school students is someone else under age 21, and the second most common source for 18- to 20-year-olds is buying it from a store, bar or restaurant (despite the fact that such sales are against the law).
- In the 12th grade, boys were more likely than girls to buy alcohol from a store, bar or restaurant.
- The higher a teenager's weekly income, the more likely he/she will buy alcohol from a store, bar or restaurant.
- It is easy to get alcohol at a party and from siblings or others 21 or older.
- College Campuses provide an easy access to all kinds of Alcohol
How easy is it for youth to buy alcohol?
Young females attempted to buy beer without an ID at liquor, grocery or convenience stores:
- In 47–52% of the attempts, beer was sold. (1, 2)
- Nearly 80% of all the stores sold beer to the buyers at least once in three attempts; nearly 25% sold beer all three times.(1)
When young females attempted to buy beer without an ID at bars or restaurants, 50% of the attempts resulted in a sale to the buyer.(2)
When young males and females attempted to buy beer without an ID at community festivals, 50% of the attempts resulted in a sale to the buyer.(3)
Legal controversies
Most states in the U.S. regulate the use of alcohol by those under the age of 21. Although the state lawState law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
s pertaining to drinking by minors (defined as those under the age of 18) are presumptively constitutional
Constitutionality
Constitutionality is the condition of acting in accordance with an applicable constitution. Acts that are not in accordance with the rules laid down in the constitution are deemed to be ultra vires.-See also:*ultra vires*Company law*Constitutional law...
, as valid exercises of the police power
Police power
In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants...
, to protect public health, welfare, and morals, there exists a question of whether laws forbidding the consumption of alcohol by those 18 to 20 years of age are Constitutional, as such individuals are considered legal adults for all intents and purposes other than that of consuming alcohol and running for certain State and Federal offices, such as the Presidency of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, which is restricted for those 35 years of age and older. Under the Constitution of the United States, Amendment 14
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
, Section 1, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
Citizenship Clause
The Citizenship Clause refers to the first sentence of Section 1 in the Fourteenth Amendment to the United States Constitution. This clause represented Congress's reversal of that portion of the Dred Scott v...
; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
". Many parallel State constitutional provisions similar to those contained in the 14th Amendment exist, and State constitutions often have explicit prohibitions against age discrimination, as well.
Since citizens between the ages of 18 to 20 are adults, able to sign legal contracts
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
, vote, be sentenced to death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, and serve in the military
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
, questions exist whether criminalizing alcohol consumption for these adults reduce them to a suspect class, thus depriving them of the equal protection of the law promised by the Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
; effectively deprive them of the privileges and immunities of citizenship protected by the Citizenship Clause
Citizenship Clause
The Citizenship Clause refers to the first sentence of Section 1 in the Fourteenth Amendment to the United States Constitution. This clause represented Congress's reversal of that portion of the Dred Scott v...
; or infringe on the liberty or privacy interest protected by the concept of substantive due process
Substantive due process
Substantive due process is one of the theories of law through which courts enforce limits on legislative and executive powers and authority...
implicit within the Due Process Clause. These questions were litigated before the Supreme Court of Louisiana, in Manuel v. State, 692 So. 2d 320, 324–25 (La. 1995); the Court originally found such laws criminalizing the possession of alcohol by persons between the ages of 18 and 20 to be repugnant to the Constitution of said State. However, when the Court was threatened by the Legislature therein with the passage of a Constitutional amendment overruling Manuel, they reversed it, finding that laws forbidding 18–20 year olds from drinking were constitutional, due to the alleged benefits that these laws had on statistical rates of drunk driving. However, this decision only applies to the State of Louisiana.
On July 14, 2009, South Carolina
South Carolina
South Carolina is a state in the Deep South of the United States that borders Georgia to the south, North Carolina to the north, and the Atlantic Ocean to the east. Originally part of the Province of Carolina, the Province of South Carolina was one of the 13 colonies that declared independence...
Magistrate Judge Mel Maurer for Richland County
Richland County, South Carolina
Richland County is a county located in the U.S. state of South Carolina. The 2000 U.S. census recorded its population to be 320,677. In 2010, the U.S. Census Bureau recorded that its population had reached 384,504. It is the second most populous county in South Carolina, behind only Greenville...
ruled that Article 17, Section 14 of the state constitution
South Carolina Constitution
The Constitution of the State of South Carolina is the governing document of the U.S. state of South Carolina. It describes the structure and function of the state's government. The current constitution took effect on December 4, 1895...
conditionally gives those 18 and over the "full legal rights and responsibilities" of all other adults, with one exception—the General Assembly can restrict the sale of alcohol. But that section of the constitution does not specifically address consumption or possession.
Other challenges to the questions of the constitutionality of underage drinking laws have not been made, either in the Courts of the several other States, or in the Federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
.
The prerogative held by police to enforce underage drinking laws is also debatable under certain circumstances. For example, since no state requires its citizens to carry identification except when they are driving, it is presumed that an underage person is under no obligation to carry identification while drinking, and if that person were approached by law enforcement under such circumstances, could presumably simply state (s)he was in fact of the legal drinking age. Since a "hunch" is not considered probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
to detain someone in the United States, it is debatable what recourse law enforcement might have to determine if such a person was telling the truth.
Prevention programs
The Brief Alcohol Screening and Intervention for College Students program consists of a brief survey given to students to help them assess their alcohol usage against other students. It also consists of one or two counseling sessions granted to the students to provide support and not be confrontational regarding their alcohol use. As of 2002, a study found that students who completed the BASICS program “reduced their average number of drinks per week, frequency of heavy drinking by two percent, their peak Blood Alcohol Concentration by thirty-five percent, and their rate of alcohol related problems by two percent."Minor Decoy Operations
Many states utilize minor decoy programs to help combat alcohol sales to minors. The California Department of Alcoholic Beverage Control (ABC)California Department of Alcoholic Beverage Control
The California Department of Alcoholic Beverage Control is an agency of the government of the state of California charged with regulation of alcoholic beverages....
conducts regular enforcement operations in conjunction with local law enforcement. State Alcoholic Beverage Control agencies like the California ABC often impose administrative penalties on licensed alcoholic beverage retailers who sell to minors. In addition to facing administrative penalties, there are often criminal penalties for sales of alcoholic beverages to minors.
External links
- California Department of Alcoholic Beverage Control Shoulder Tap Program
- Choose Responsibility
- The Century Council: Learn the Facts
- MADD Online: Stats & Resources
- National Youth Rights Association
- "#1 Party School". This American LifeThis American LifeThis American Life is a weekly hour-long radio program produced by WBEZ and hosted by Ira Glass. It is distributed by Public Radio International on PRI affiliate stations and is also available as a free weekly podcast. Primarily a journalistic non-fiction program, it has also featured essays,...
, December 18, 2009. This American Life examines the party (and therefore drinking) culture at Penn StatePennsylvania State UniversityThe Pennsylvania State University, commonly referred to as Penn State or PSU, is a public research university with campuses and facilities throughout the state of Pennsylvania, United States. Founded in 1855, the university has a threefold mission of teaching, research, and public service...
. - Underage Drinking & the Law