(Last updated December 2023)
- The general drinking and purchase age should be lowered to 18, and not a day later.
- For the first few years of the new drinking age of 18, the age limit for the zero tolerance law for DUI should nonetheless remain as it is now, at 21. That should alleviate any (real or imagined) fears of increased DUI and associated casualties among 18-20 year olds. Even better would be making it apply for the first X number of years of licensed driving regardless of age.
- For the first few years of the new drinking age of 18, the purchase age for kegs, cases, and other large bulk quantities of alcohol should remain at 21 (or 20), and no more than one off-premise alcohol transaction of any kind per day for those under that age. That should alleviate any fear of increased high school keggers.
- DUI laws should be further tightened for all ages and enforcement should be significantly increased. Penalties should be steeply graduated based on BAC and number of offenses (see chart below).
- Any person of ANY age who is convicted of DUI, drunk violence, drunk vandalism, drunk rioting, furnishing to minors, or repeated drunk and disorderly conduct should be blacklisted and banned from purchasing alcohol (or even entering a bar) for a year or until they turn 21, whatever is longer. And their ID would have to read “Do not serve alcohol under penalty of law” in big red letters. The Northern Territory of Australia, as well as Western Australia, currently has something similar, called the Banned Drinker Register. (This can also be paired with something like South Dakota's 24/7 Sobriety Program.) In addition, problem drinkers can also have themselves voluntarily added to the blacklist for a fixed period of time, much like problem gamblers are currently allowed to do.
- Alcohol education should be increased for all students at all levels. Some successful models to follow can be found here and here.
- Alcohol taxes should be raised and equalized to the inflation-adjusted 1991 spirits level ($31 per proof-gallon) for all alcoholic beverages, proportional to alcohol content. Small producers should have a somewhat reduced rate. This would ideally be combined with a minimum price floor and/or a ban on retailers selling alcohol below cost.
- Strictly enforce the new drinking age of 18, with the greatest focus on vendors. Any person who appears to be under 30 should have to show ID to purchase alcohol or tobacco, and anyone who appears to be under 18 should have to show two forms of ID. If there must be penalties for underage drinking/possession, it should be a modest civil fine ($200 or less) with no criminal record, and perhaps an alcohol education course as well.
- Social host liability laws should be abolished or at least greatly reduced, as they most likely do more harm than good.
- Whether there should even be a true drinking age at all (as opposed to simply a purchase age) is a matter of debate. But if there should be one, it should NOT be any higher than 18, and it should NOT be illegal for people under 18 to drink at home under direct parental supervision (within reason).
NOTE: Items #2 and #3 we are NOT wedded to, and would be fine with or without. In fact, Negotiation 101 dictates that one should never, ever start out with a compromised position, because one will inevitably have to compromise further just to get one's foot in the door at all, at least at first.
In addition to (and independently of) criminal penalties, those who blow above 0.08 or refuse the test should be given the following immediate adminstrative penalties upon arrest:
Test failure, first offense: 90 day suspension, 7 day impoundment
Test failure, second offense in 5 years: 1 year suspension, 30 day impoundment
Test refusal, any offense: 1 year suspension, 30 day impoundment
Conditional licenses should only be given for grave reasons, be highly restricted, and require ignition interlocks.
All offenses would require completion of an alcohol education program and alcohol abuse screening, paid for by the offender.
Driving with a BAC above 0.08 with kids under 16 in the car should be an automatic felony, and treated like 0.15+.
Differences from Choose Responsibility's proposal:
Unlike Choose Responsibility, Twenty-One Debunked does NOT support requiring 18-20 year olds to get a special "drinking license". We feel that it is not only impractical, but ageist as well. However, many in the movement may be concerned that our proposal does not do enough to address alcohol education for newly-legal drinkers. Thus, we greatly support a massive increase in the amount of honest alcohol education, starting MUCH earlier than age 18.
Additional Ideas
Twenty-One Debunked also believes that we ought to legalize cannabis (weed) for anyone 18 and older, period. Not only would that end up correcting the mistake of another failed and ignoble social experiment, but it would also provide young adults with a safer alternative to alcohol, though keep in mind that Twenty-One Debunked does not actually encourage the use of either substance, or any other drug for that matter.
So what are we waiting for?
BAC Threshold | First offense | Subsequent offenses within 10 years |
0.02-0.08 (under 21 or novice, administrative only) | $250 fine ($500 if over 0.05) 30 day suspension (90 day if over 0.05) 3 day impoundment | $500 fine 6 month suspension (2nd), 1 year revocation or until 21 (3rd or 2nd over 0.05) 7 day impoundment Ignition interlock 1 year or until 21 |
0.05-0.08 (administrative only) | $500 fine 3 day suspension 3 day impoundment | $750 fine (2nd), $1000 (3rd) 30 day suspension (2nd), 1 year revocation (3rd) 7 day impoundment (2nd), 30 day impoundment (3rd) Ignition interlock 1+ year |
0.08-0.10 (criminal) | $1000 fine Minimum 1 year revocation (or until 21, whatever is longer) Mandatory 30 days in jail, up to 6 months Ignition interlock 5+ years after re-license | $2500 fine License revoked for at least 10 years (forever for 3rd offense) Mandatory 1+ year in jail (possible felony) Possible vehicle forfeiture upon conviction |
0.10-0.15 (criminal) | $5000 fine Minimum 5 year revocation Mandatory 6 months jail, up to 1 year Ignition interlock forever | $7500 fine License revoked forever Mandatory 5 years prison (felony) Vehicle forfeiture upon conviction |
0.15+ (felony) | $10,000 fine Minimum 10 year revocation Mandatory 1 year in prison, up to 5 years Ignition interlock forever | $20,000 fine License revoked forever Mandatory 5+ years prison (felony) Vehicle forfeiture upon conviction |
In addition to (and independently of) criminal penalties, those who blow above 0.08 or refuse the test should be given the following immediate adminstrative penalties upon arrest:
Test failure, first offense: 90 day suspension, 7 day impoundment
Test failure, second offense in 5 years: 1 year suspension, 30 day impoundment
Test refusal, any offense: 1 year suspension, 30 day impoundment
Conditional licenses should only be given for grave reasons, be highly restricted, and require ignition interlocks.
All offenses would require completion of an alcohol education program and alcohol abuse screening, paid for by the offender.
Driving with a BAC above 0.08 with kids under 16 in the car should be an automatic felony, and treated like 0.15+.
Differences from Choose Responsibility's proposal:
Unlike Choose Responsibility, Twenty-One Debunked does NOT support requiring 18-20 year olds to get a special "drinking license". We feel that it is not only impractical, but ageist as well. However, many in the movement may be concerned that our proposal does not do enough to address alcohol education for newly-legal drinkers. Thus, we greatly support a massive increase in the amount of honest alcohol education, starting MUCH earlier than age 18.
Additional Ideas
Twenty-One Debunked also believes that we ought to legalize cannabis (weed) for anyone 18 and older, period. Not only would that end up correcting the mistake of another failed and ignoble social experiment, but it would also provide young adults with a safer alternative to alcohol, though keep in mind that Twenty-One Debunked does not actually encourage the use of either substance, or any other drug for that matter.
So what are we waiting for?