A Critique of Barnum et al. (2012)

A new study by Barnum et al. (2012) on drinking age law enforcement was recently published online this month.  In this first-of-its-kind study, using data from 1975-2006 they find that birth cohorts exposed to tougher enforcement of PAULA (possession of alcohol under the legal age) laws (as measured by underage drinking arrest rates) from ages 15-20 had modestly lower arrest rates for assault and vandalism between the ages of 15-24.  This remained true even when age effects, period effects, relative cohort size, and percentage of nonmarital births were controlled for.   But was it really a causal relationship?

While the authors appear to be convinced that this relationship is causal, we at Twenty-One Debunked note that there are plenty of reasons that this relationship could easily be spurious.  For example:

• Several other potentially important variables were not controlled for, including ones that may not have been captured by age and period effects.
• State-to-state variation was not explored at all.
• Arrest rates may have given biased estimates due to underreporting and changes in reporting rates and police practices over time, which can yield specious inferences.
• The strengths of the underage drinking laws themselves were not explored, only the enforcement of such laws as measured by arrest rates.
• Cohorts exposed to drinking ages of 18, 19, 20, and 21 were all lumped together, with no attempt to distinguish between them.
• No other crimes were explored besides assault and vandalism, and no distinction was made between types of assault (i.e. simple vs. aggravated).
• Allocating more resources towards arresting underage drinkers (and those who commit other victimless crimes) takes away from resources used to fight real crime, including assault and vandalism.  So, an increase in the former could lead to a spurious decrease in arrests for the latter in the absence of any real change in the latter.

Even if we accept the authors' conlcusions at face value, arresting underage drinkers does not appear to be a particularly cost-effective crime reduction strategy from a public safety standpoint.  The study reported that for every full unit increase in underage drinking arrests, there was only a 0.125 unit decrease in assault arrests and a 0.134 unit decrease in vandalism arrests.  Other sources note that on average, for every 1000 or so incidents of underage drinking, only one PAULA arrest occurs, making it a highly inefficent use of resources.  Law enforcement resources would thus be better spent actually targeting real crimes rather than victimless ones like underage drinking.

The example of San Francisco is highly instructive in this regard.  In 1990-1992, they were a crack-infested, gang-ridden hellhole.  By 2000, violent crime had plummeted by half (and even more so for juveniles), and by 2009 they became one of the safest big cities in America.  And how did they manage to do this?  Did they employ a "broken-windows," zero-tolerance approach to the most minor offenses, especially by young people?  Hardly!  In fact, beginning in 1992 (the city's peak year for violent crime), they stopped enforcing their youth curfew law (which was completely abolished in 1995), and since then they have actually cut back on arresting young people for "status" offenses (such as underage drinking) and cannabis possession, making such offenses the lowest priorities.  In other words, "don't sweat the small stuff."   Meanwhile, the police freed up more resources to tackle serious crime, and managed to build better relations with the community.  While the exact reasons for the drop in crime are not entirely clear, and several other cities nationwide saw similar improvements, it certainly casts doubt on the authors' thesis that cracking down on underage drinking reduces crime.

Interestingly, 'Frisco teens also show significantly lower rates of violence, "binge" drinking, driving after drinking, drinking in general, cannabis use, huffing, and crack/cocaine use compared with the national average according to the Youth Risk Behavior Survey.   Furthermore, the rates in San Francisco are comparable to or lower than those in NYC (and dropped at a similar or faster rate) despite the latter city's notoriously heavy-handed police tactics under Mayors Giuliani and Bloomberg.

Who Says Alcohol Education Doesn't Work?

Whenever the issue of lowering the drinking age comes up, proponents often feel compelled to fill the "void" by offering other policy solutions.   Aside from getting tougher on drunk driving (and drunk violence), the most common alternative touted is increased alcohol education.  Predictably, the opponents respond with claims that "education doesn't work" to actually change behavior or reduce alcohol-related harm.  And because it is nearly impossible to prove a negative, when pressed repeatedly they offer the caveat that there is simply "not enough evidence" either way to draw a firm conclusion about their effectiveness. 

Fortunately, nothing can be further from the truth.  The main reason why many alcohol "education" programs (especially school-based ones such as DARE) have tended to show little to no success is that they tend to be little more than a temperance lecture.   They typically fail to distinguish between use and abuse, and are often based on faulty assumptions.  In fact, many such programs are just plain disingenuous and often resort to exaggerated scare tactics.  Also, nearly every study of alcohol education programs looks only at short-term effects, and the absence of short-term effects does not imply the absence of longer-term benefits.  Some programs just need to be given more time to have their desired effects.

On the contrary, there ARE effective programs out there, ones that have been proven repeatedly to reduce dangerous drinking behaviors in both high school and college.  Some of them have even won awards for their effectiveness.  Examples of which include:

1)  The Hobart and William Smith Colleges' Alcohol Education Project, whose foundation is social norms marketing.  Devised by H. Wesley Perkins, it has been proven to reduce risky drinking behavior among college students in general, especially high-risk groups such as student athletes.   Immediate and persistent reductions in heavy drinking and its consequences were noted following implementation of this program.

2)  Web-based programs such as AlcoholEdu by Outside the Classroom.   Both the high school and college versions of the program have shown measurable benefits in reducing risky drinking behavior as well as changing students' attitudes about alcohol.  The user-friendly programs only take at most a few hours (typically two hours) to complete, and show immediate and often persistent effects despite the very short length of the programs. 

So why doesn't every high school and college utilize programs such as these?  One reason could be that some neoprohibitionists continue to denounce them as ineffective, though such claims are dubious at best.  Another reason is resistance to change, which can be observed in several other aspects of life as well.  But whatever the reason, it is simply false to claim that "education doesn't work".  Because it does--as long as it is conducted properly.  And our children--that is, our future--deserve nothing less.

On the other side of the pond, British social anthropologist Kate Fox has an even more controversial view of why many traditional alcohol education programs have had such meager success.  That is, exaggerating the "disinhibitory" effects of alcohol may actually promote alcohol-related misbehavior, and make alcohol seem more exciting and interesting to young people than it actually is.  Perhaps she is right.

The Twenty-One Debunked Creed

It has recently occured to us that, despite the fact that Twenty-One Debunked has existed for nearly two years, we have had yet to post an explicit and concise statement of what it is we actually believe aside from our relatively vague-sounding call to lower the drinking age to 18.  Ergo, here it is, the Twenty-One Debunked Creed:

We believe that 18-20 year olds are adults, not children, and should have the same rights and responsibilities that people over 21 currently enjoy, whether it involves alcohol or otherwise.

We believe that all adults over 18 are sovereign in body and mind, and that the onus is on the state to show that this is not true for a particular individual.  We believe it is wrong to punish all for the actions of the few.

We believe that consumption of alcoholic beverages by consenting adults age 18-20, in and of itself, is a victimless crime and is not sufficiently different from the same by adults over 21 to justify its prohibition.

We are 100% against driving under the influence of alcohol at ANY age, or any other acts that actually harm others (or create a definite and significant risk of harm to others), and believe there is absolutely no excuse for doing so.  We support tougher penalties and enforcement for those who drive or operate machinery while impaired, as well as those who commit acts of violence or other crimes while under the influence.  Alcohol-related misbehavior is a conscious choice and should be treated as such.

As much as we are fighting for the right to drink, we will fight twice as hard for the right NOT to drink, as well as the right to not be harmed by irresponsible drinkers of ANY age.

We believe that the United States of America was intended to be a free country, and those who can't handle living in a free society should take advantage of the best freedom we have to offer--the freedom to leave.

And that's the basic creed, in a nutshell.   It has much in common with the philosopher John Stuart Mill's essay On Liberty.  That is:

The only part of the conduct of any one, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.

But what about the children, you ask?   Again, we defer to Mill's wisdom:

It is, perhaps, hardly necessary to say that this doctrine is meant to apply only to human beings in the maturity of their faculties. We are not speaking of children, or of young persons below the age which the law may fix as that of manhood or womanhood. Those who are still in a state to require being taken care of by others, must be protected against their own actions as well as against external injury.

And generally speaking, the age of majority (adulthood) is currently 18 in the USA.  While we do not take a position on whether the drinking age should at some point in the future be made even lower than 18 (e.g. 16 like in some European nations), we currently do not believe that it is a worthwhile goal at the present time.   If and when the drinking age is lowered to 18, we support all reasonable efforts to enforce the new drinking age, but even so we do not support the use of harsh criminal penalties on the underage drinkers themselves.   Nor do we support any sort of social host laws that punish those who simply allow underage drinking on their private property without physically furnishing the alcohol.  Also, we believe that parents should be allowed to give alcohol to their own under-18 children (within reason).

What about those compromises we have mentioned or alluded to in other posts about zero tolerance laws and other alcohol restrictions on 18-20 year olds?  Actually, those are primarily based on pragmatism more than anything else.  For zero-tolerance DUI laws, we support keeping the status quo (age limit of 21) for now as any attempt to lower the drinking age would be certain to fail if that was changed as well.  However, we support reducing the penalties for very low BAC drivers (i.e. below 0.05) while at the same time dramatically raising them on higher BAC drivers of any age (see previous post).  The fact that driving after one drink is punished the same as ten drinks for drivers under 21 in some states is just plain ludicrous.   And while Twenty-One Debunked ideally wants the drinking age lowered to 18 across the board, we feel that another reasonable compromise would be to keep the purchase age at 20 or 21 for kegs, cases, or any other large bulk quantities of alcohol while otherwise lowering it to 18.   That should alleviate any hyped-up fears of increased high-school keggers, while still allowing 18-20 year olds to buy their own six-packs and go to bars.  But we will not make any other compromises, period.  And unlike Choose Responsibility, we do NOT support the idea of requiring a drinking license for 18-20 year olds.  If you're old enough to go to war, you're old enough to go to the bar.  'Nuff said.

A New List of 39 Recommendations (Updated)

In 1982, President Reagan appointed a special commission to study the problem of drunk driving in America. They came up with 39 recommendations, #8 of which was to raise the drinking age to 21 in all 50 states. Of all the recommendations, that was the one that got the most attention, often at the expense of the others. Most of the other 38 were just simple common sense measures, and many of these were implemented to some extent in both the United States and Canada. Interestingly, the decline in alcohol-related traffic fatalities since 1982 occurred at about the same rate in both countries, with no evidence of divergence in the expected direction despite the fact that Canada did not raise the drinking age to 21. In fact, the decline was slightly faster in Canada (ditto for the UK and Australia as well, who remained at 18).  And fatalities declined in all age groups, not just those under 21.  While the problem of drunk driving has been greatly reduced in both the US and Canada, it remains persistent.  We still hear all too often about innocent people killed by drunk drivers who already have multiple DUIs on their record, in addition to countless others who simply weren't caught until it was too late.

More than a quarter-century later, a new set of 39 recommendations is long overdue. We know a lot more about the problem now than we did in 1982, and have a better sense of what works in the long run and what does not. The nature of the problem has also changed, with most of the deaths caused by so-called "hardcore" DUI offenders who drive drunk repeatedly.  By the time someone finally gets caught even once, they had already driven drunk an average of 88 times--often hundreds of times.  And it's an open secret that the vast majority (nearly 9 out of 10) of them are over 21, with 21-24 year olds being the worst offenders of all.  Thus a multifaceted and wholehearted approach is essential. But what is currently being done is both over-inclusive and under-inclusive, and progress has stalled until very recently.  And as long as we keep following outdated methods, we will surely fail to see any further progress in the future.  The updated list, devised by Twenty-One Debunked, is as follows, with those in red being the highest priorities:

1. Lower the drinking age to 18, ideally in all 50 states and DC. The more states, the better.
2. Raise and equalize all of the federal alcohol taxes to the 1991 real value of the liquor tax. That would be $21.33/proof-gallon for all beverages, proportional to alcohol content.   Use the bulk of the revenue for education, treatment, and DUI enforcement.
3. Lower the blood alcohol limit to 0.05 BAC for administrative penalties, while keep the BAC limit 0.08 for criminal penalties, as some Canadian provinces have done.   Maintain a Zero Tolerance law (0.02 BAC) for drivers under 21 and/or all drivers with less than 3-5 years of licensed driving. 
4. Increase the number of roving patrols and sobriety checkpoints for DUI enforcement, and their publicity.  Checkpoints should be considered a supplement to patrols, not a substitute.
5. Increase alcohol education programs, but make them more honest and comprehensive. An excellent model is AlcoholEdu, by Outside the Classroom. This can also be combined with social norms marketing campaigns.
6. Toughen the penalties for driving under the influence, with graduated penalties based on BAC.  See the chart below. 
7. Make fines for DUI proportional to the relative risk at a particular BAC. For example, 0.15 would be 50-100 times higher than 0.05. 
8. Restrict alcohol advertising to no more than what is currently allowed for tobacco. That means no TV, radio, or billboards.
9. Increase alcohol treatment. Require all DUI offenders to undergo an alcohol assesment to determine if they have an alcohol use disorder. If so, force them into treatment via DUI court and monitor them electronically with a SCRAM bracelet, in addition to other penalties.
10. Use fines and fees from offenders to pay for enforcement of DUI laws, to make the program completely self-sustaining.
11. For the eight states that currently lack it, institute administrative license suspension/revocation. The administrative penalty for refusing a breathalyzer or any other test should be greater than or equal to that for failing it.
12. Have mandatory jail time for all DUI offenses of 0.08 or greater, including first offenses. Make driving with 0.15 BAC or higher a felony on the first offense, and 0.08 or higher a felony on the second offense, punishable by up to 5 years in prison.
13. Those who kill or seriously injure someone else in an alcohol-related, at-fault crash should get a mandatory minimum of 10 years in prison, permanent license revocation, and forfeiture of any and all vehicles owned by that person upon conviction.
14. Do not allow plea bargains for any DUI offense.
15. For anyone convicted of drunk driving, drunk violence, or repeated drunk and disorderly conduct, blacklist them from buying alcohol or even entering a bar for at least a year or until age 21, whichever is longer.  Do the same for anyone furnishing alcohol to anyone under 18 that is not one's own child.
16. De-register any car owned (or registered) by a DUI offender, boot it, and confiscate the plates upon arrest.  Or better yet, impound the vehicle at the offender's expense.  When (if) they get their license back, or get a conditional license, give them special "scarlet letter" DUI plates. 
17. Require ignition interlocks for all conditional licenses, and for any DUI offender that gets their license back, forever.
18. Make ignition interlocks standard on all newly manufactured vehicles sold in the USA, with use and maintenance of these devices voluntary for non-offenders.
19. Abolish the "assigned risk" pools for auto insurance, or at least forbid any DUI offenders from joining them.
20. Repeal all "alcohol exclusion" laws for insurance, which have been shown to do more harm than good.
21. Make it a federal crime to drive drunk across state lines.  Punishable by a mandatory 5 years hard labor in federal prison.
22. Eliminate any rules of evidence that prohibit admission of chemical test refusals--it should be used against a DUI defendant in court.
23. Make the road test tougher--an hour long like it is in the UK.
24. Make licenses easier to lose for moving violations, especially during the first two years.
25. Bring back free driver's ed classes for all high school and college students.
26. Require all drivers involved in fatal accidents to be tested for alcohol and drugs.
27. Lift state-mandated smoking bans in bars, which have been shown to increase DUI fatalities.
28. Extend bar hours to 3 am or later, but have a one-way door policy after 1 or 2 to reduce late night bar-hopping. Or let the locals decide rather than the state.
29. Raise the gas tax by a penny each week until it is $1.00 higher than it currently is.  Call it "a penny for progress."
30. Improve public transportation, especially very late at night. Use the alcohol and gas taxes to pay for it.
31. Lift any cap on the number of taxicabs wherever it exists, or better yet, subsidize taxi service to reduce the costs.
32. Encourage the hospitality industry to set up "safe rider" programs, particularly in rural areas.
33. Limit or reduce alcohol outlet density in cities and other high-density areas, but increase it in rural areas. More rural bars within walking distance = less drunk driving deaths.
34. Dry counties and towns should go wet, especially if their neighbors are wet.
35. Abolish all social host laws, both civil and criminal. Furnishing alcohol to minors should not include merely providing a safer location to drink.
36. Put a price floor on alcoholic beverages, especially for off-premises sales.
37. Kegs and cases of beer should be sold only in beer distributors, which should close at 10 pm. A purchase age limit higher than 18 may be desirable for such bulk quantities, which are very unlikely to be for personal use. Ditto for very large quantities (i.e. multiple liters) of hard liquor.
38. Increase media campaigns against drunk driving, similar to the Australian model.
39. Last but not least, park a police car in front of every bar possible to watch for drunks getting into their cars about to drive.  Then nail them.  It would be like shooting fish in a barrel.

Recomendation #1 implies that, at the very least, we should repeal the federal highway funding penalty for doing so, and let the states use their Constitutional rights to decide for themselves. Recommendations #3, #4, and especially #21 should take care of any potential adverse effects of unequal drinking ages across states or internationally, as well as dry counties that refuse to go wet.

To avoid collateral damage, recommendation #2 should not apply to microbrewers. Their beer is already relatively expensive anyway, and those who abuse alcohol tend to go for the mass-produced, cheap stuff.

If all 39 of these recommendations were followed, the alcohol-related fatality rates should be cut by at least half in the first year alone. If only the ones in red were followed, or even just the first six, there would still be a dramatic drop in fatalities in both the short and long term. Some of them, such as #1, are a bit counterintuitive (the whole purpose of this blog explains in detail why #1 is actually a good thing rather than something to fear).

When we say graduated penalties, the table below is a good guide to what they should be:

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+.

In other words, though we've clearly wrestled the problem to the ground, we have unfortunately allowed ourselves to become complacent and distracted.  It's time to finish the job.

Common Sense in Alberta, Canada

The Canadian province of Alberta (just north of Montana) has had a legal drinking age of 18 since 1970, when it was first lowered from 21 along with the age of majority.  Recently, a few police chiefs have been talking about wanting to raise the drinking age to 19, which it currently is in most other provinces except for Manitoba and Quebec.  They claim it would reduce binge drinking, drunk driving, and other alcohol-related problems among young people.  However, the current Tory government of the province doesn't buy that line of reasoning, and states that they have no intention to raise the drinking age.   Premier Alison Redford says that the move is "off the table", and we at Twenty-One Debunked couldn't agree more.

Instead, the provincial government is moving forward with plans to toughen up their DUI laws and make them similar to the successful model found in their neighboring province, British Columbia.  A previous post discusses the BC success story in more detail.

Before You Go Out Drinking--Watch This:

Here is a great Australian video everyone should watch about the dangers of driving under the influence, regardless of age.  It just might make you think twice before taking such a risk.  (Warning--contains some graphic images)



Moral of the story:  Drunk driving is like Russian roulette, and you never know who will be hit with the proverbial bullet when you play.  In fact it's worse because it all too often kills innocent people who aren't playing that stupid game.  It's actually very simple to avoid:  if you plan to drive, don't drink, and if you plan to drink, don't drive.  Thus, there is no excuse.

ARRIVE ALIVE, DON'T DRINK AND DRIVE!!!

ATVs to Stop Underage Drinking? Really?

Police apparently have a new weapon in the perennial (and futile) crusade against "underage" drinking:  all-terrain vehicles.   Apparently raising the drinking age to 21, and the ever-toughening enforcement of this law, has (predictably) pushed teen drinking further and further into the woods than in the past, often into areas where cop cars can't enter.  But now, in some places (such as Enfield, CT) the police will use ATVs to patrol remote wooded areas to check for teen drinking parties.  No word yet on whether this has actually been successful in curbing "underage" drinking, but I think we already know the answer to that question, especially as far as 18-20 year olds are concerned.

In a word:  NO.

Instead of patrolling the woods in an attempt to ferret out "underage" drinkers, wouldn't it be better to use those resources to patrol the roads to hunt down drunk drivers of all ages?  That would save far more lives, but that would make too much sense, wouldn't it?

Have A Safe And Happy New Year

With the New Year's Eve festivities approaching, we at Twenty-One Debunked want to remind everyone to celebrate responsibly.  There is absolutely no excuse for drunk driving at any age, period.  We cannot stress this enough.  It's very simple--if you plan to drive, don't drink, and if you plan to drink, don't drive.  And there are numerous ways to avoid mixing the two.  Designate a sober driver, take a cab, use public transportation, crash on the couch, or even walk if you have to.  Or stay home and celebrate there.  Or don't drink--nobody's got a gun to your head.

The Truth is In: Swift Justice Works

According to the latest traffic fatality statistics, there was a 40% drop in alcohol-related traffic deaths in the Canadian province of British Columbia (BC) in the twelve months ending on September 30, 2011 compared to the same period a year ago.  Such a massive drop in a single year is quite noteworthy indeed.  While part of that may be due to significantly higher gas prices in 2011, the decrease in fatalities was apparently much larger in BC than the rest of the nation.  So it had to be something specific to that province as well.

About a year ago, there were significant changes to BC's impaired driving laws.  For example, under the new laws, if a driver is stopped by police and blows 0.05-0.08 BAC, the driver will immediately lose his or her license for three days for a first offense, a week for a second offense, and 30 days for a third offense.  Vehicles may be impounded for up to the same number of days each time.  If a driver blows 0.08 or higher, or refuses to be tested, he or she will lose his or her license for 90 days and the car may be impounded for up to 30 days.   There are also stiff fines and towing and storage costs, and an ignition interlock device must be installed (at the driver's expense) when the impoundment ends.  Thus, total costs can range from $600 to $4060 depending on the severity and number of offenses, and that alone can be a deterrent in itself for many people. 

These administrative roadside penalties are also quicker and easier to enforce (and process) than the Criminal Code penalties as well due to their streamlined nature.  Prior to the law change in September 2010, numerous drunk drivers (in fact the majority) were getting off relatively easily with only a 24-hour driving ban, while only relatively few were nailed with criminal charges and convictions.  Like the rest of Canada, there were fairly tough laws on the books, but enforcement of those laws was another story.  But since then, things have gotten much more consistent, and since police have spent less time processing suspects, they have had more time to catch drunk drivers.  And if you look at the data, you will see a decrease in criminal charges (despite presumably increased enforcement) since then along with the decrease in deaths.  It has been so successful that now the neighboring province of Alberta wants to adopt similar laws.

However, in November the BC Supreme Court had blocked some of these penalties from being enforced, after ruling that it violated the Canadian Charter of Rights and Freedoms because there was "no adequate avenue for review." Effectively, that aspect of the law was held to be unconstitutional by Canadian standards due to lack of recourse (i.e. due process) for those busted.  The three-day license suspensions and impoundments, on the other hand, can still be enforced for those who blow in the "warn" range of 0.05-0.08, along with the rest of the penalties, but for those who blow above 0.08, things will revert back to the old law until the current law is rewritten to comply with the Charter.  It remains to be seen whether these sanctions will be reinstated, and if not, what effect this will have on traffic fatalities in the future.

In the USA, most states have at least a milder version of what BC had instituted in 2010, usually minus the vehicle impoundment.  Called "administrative license suspension/revocation" (ALS/ALR), it has generally held up in the courts provided that there is at least some semblance of due process, which is typically just an informal DMV hearing.   This type of law has proven to be highly cost-effective in reducing traffic deaths.  And while a temporary license is generally given pending the hearing, short-term impoundment of the vehicle and the driver immediately following arrest is not unprecedented (see "John's Law") and can very easily occur in some states.  But all of these laws need to be strengthened and enforced better, as alcohol-related traffic fatalities remain unacceptably high despite being at a record low.   Since we now know what works and what doesn't, what are we waiting for?

UPDATE:  On Dec 23, just in time for the holidays, the judge who struck down parts of the controversial BC law ruled that the entire law can temporarily remain in effect as written until June 30, 2012, citing public safety concerns.  The province has until that date to amend the law so it will comply with the Charter, or else it will be automatically void after that date.  Which can and should be easily done simply by creating some kind of appeals process, and confirming any failed roadside breath tests with a more accurate machine.  That said, all penalties are back on the menu for now, so drunk drivers beware.

So Where Do Very Underage Drinkers Get Their Booze?

All 50 states and DC have a legal drinking age of 21 thanks to federal coercion, but apparently there are some parts of the country where the average age of onset of drinking is as low as 12.  Think about that for a moment--that's nine years below the legal age, and that's the average in some communities!

So with all of this very underage drinking going on, with numerous kids starting to drink nearly a decade before they are legal, where are they getting all that booze?  The answers can be found in a survey of kids in one such community in South Dakota.  And 37% of the kids surveyed said that friends over age 21 would buy it for them, while 8% got strangers to buy for them and 4% had other means.  But wait--wasn't raising the drinking age to 21 supposed to stop kids under 18 from getting their older friends to buy for them?  Guess not.

Of course, the average age of onset in the USA as a whole has generally been in the 16-17 range since 1965 despite fluctuations in the legal drinking age.  And the average age at first drink actually dropped from 16.6 in 1980 to 16.2 in 2002.  Even 8th graders (13 year olds!) can apparently their hands on alcohol more easily than even cigarettes, which have an age limit 18 in 46 states (and often poorly enforced).  There seems to be little to no correlation between the legal drinking age and the average age of onset of drinking.  But if not that, what does explain why some communities drink earlier (and/or more so) than others?  Like the above-referenced article points out, a combination of socioeconomic disadvantage, low alcohol prices, and the drinking patterns of their parents and grandparents seems to be the main culprit.  And there is nothing at all surprising about that.

A community group has made recommendations to address the problem.  Such recommendations include restricting alcohol advertising in the area, raising alcohol taxes, working with retailers on pricing and the placement of alcohol in stores, and increasing compliance checks on retailers by law enforcement.  We at Twenty-One Debunked believe that these commonsense measures are a good idea overall, and would support them even more if the drinking age was lowered to 18 as well.  Remember that the success story of Puerto Rico did not require a drinking age of 21 to succeed.  And nor did America's experience with tobacco use reduction over the past few decades require an increase in the smoking age to 21.