What Should The BAC Limit Be?

It is long past time to revisit the issue of BAC limits for driving once again, specifically for small amounts of alcohol, as it is already obvious for larger amounts.

Twenty-One Debunked believes that, in a perfect world, no one would ever dare to get behind the wheel after having even the slightest amount of alcohol in their system, period.  We would also have safe self-driving cars and state-of-the art public transportation, streets would be designed to maximize safety for all users rather than the convenience of only some users, and so on.  But unfortunately, we don't live in a perfect world.  And we never will either.  Think protopian, not utopian.

Thus, we need to be realistic in terms of what sort of BAC limits and penalties we set. Note that the swiftness and certainty of punishment is far more effective than severity.  And we need to prioritize getting actual drunk drivers off the road above all.  Focus on the sharks, not the guppies or dolphins. 

Borrowing from Denmark, one of the heaviest drinking cultures in the world and not even remotely a temperance society, we currently believe that the per se legal limit should be 0.05% in general, and 0.00% if observed to be driving recklessly.

Borrowing from most of Canada, we believe that only a BAC above 0.08% should carry  criminal charges, and 0.05% to 0.08% should be only a traffic violation with a brief administrative license suspension and brief vehicle impoundment and a modest fine.  For novice drivers of any age with less than two consecutive, accident and violation-free years of licensed driving, or under 21, whichever is longer, the BAC limit should be either 0.00% or 0.02%, also a traffic violation less than or equal to that above 0.05%.

If the limit is officially set to 0.00% for effect, any test result below the limit of quantitative (LOQ) must be treated as a presumptive zero (by that, I mean a conclusive presumption).  If it is a handheld breathalyzer device, or if the LOQ is unknown for the instrument, any result below 0.02% shall be a presumptive zero.  And all failing breathalyzer results should be confirmed on a second device.

Penalties should be graduated.  For those with above 0.08% but below 0.15%, a first offense should be a misdemeanor, in addition to any administrative license revocation.  There can also be an option to proceed only administratively and thus summarily.  Repeat offenses above 0.08%, or any offenses above 0.15% (or "aggravated DUI"), and/or with any kids under 16 in the car and/or when a serious accident occurs, should be automatic felonies with stiff sentences and heavy fines that can only be downgraded upon successful completion of an alcohol treatment program, that is, the classic "felony hammer".  And license revocations after the second offense above 0.08% need to be (more or less) permanent.  No more people still driving after their second, third, fourth, or fifth (!) DUI, ever again.

And those who drunkenly kill or maim innocent people, well, they need to go away for a very, very long time.  No excuses.  Do the crime, do the time.

And enforcement of these BAC limits should be done not only with checkpoints, but also with roving patrols as well, including the back roads especially.  And also use the "fish in a barrel method" in the parking lots of bars and clubs too.  We need to get these ticking time bombs off the road, yesterday.

So what are we waiting for?

An Easy Way To Quash The Black Market, Solve The Potency Problem, Protect Small Businesses, AND "Bring Back Mids" Too

Here's an idea.  In addition to moving from half-assed quasi-legalization to full legalization of cannabis, how about introducing a new type of retail license:  the "half-license"?  It would be similar to alcohol licenses that only allow the sale of beer and/or wine but not hard liquor, and would only allow the sale of weed or hash with a potency less than, say 10%, and perhaps low-potency cannabis edibles and beverages too.  Meanwhile, only those with full licenses would be able to sell the stronger stuff.  And allow any place that sells beer and/or wine to sell the lower-potency cannabis as well, and allow at least some dedicated liquor stores to sell all types of cannabis products. 

Not only would low-potency, "extraction grade" or "trim" weed (like what was normal in the 1990s and earlier) be incentivized to sell as-is rather than extracting it and turning it into concentrates, as now there would finally be a market for the new (old) stuff, but that would also undercut the black market without interfering with legitimate dispensaries that would carry on as now.  And since nostalgia is back in vogue these days, why not take advantage of that?

So many problems could be solved at once.  But that would make too much sense, right?

Cannabis Legalization STILL Not A Disaster, In Canada Or The USA

Yet another study debunks the prohibitionists once again.  When Canada legalized cannabis for recreational use in 2018 (for flower, followed by concentrates and edibles in 2020), there was no increase in cannabis-related hospitalizations for either 18-24 year olds or those 25+ following legalization.  Keep in mind that in Canada, the federal age limit for cannabis is 18, and the provinces set it at 18 in Alberta and Quebec (the latter has since raised it to 21, alas), and 19 elsewhere, largely matching the legal drinking and tobacco smoking ages in most provinces.  The study, interestingly enough, looked at data specifically from Alberta, which was the only province that kept it at 18 consistently since legalization, and thus the most permissive one.

This dovetails nicely with other studies in both Canada and the USA, in which the dire predictions of the doomsayers notably failed to materialize.

UPDATE:  And before anyone mentions "Tokelahoma", we should note that both violent and property crime in Oklahoma have actually been trending downward, not upward, since their "Wild West" of free market "medical" cannabis legalization in 2018.  Crime in the state is slightly above the national average, but that was true even long before such legalization too.  And a few odd high-profile incidents do NOT a trend make or break.  As we have noted repeatedly before, the correlation between cannabis legalization and real crime is, for all practical purposes, essentially null.  In fact, there is some evidence of a decrease in crime.

And another study finds no increase, and in fact a decrease, of young adults driving under the influence of either cannabis OR alcohol following legalization. 

And while it is debatable whether cannabis legalization actually reduces the use of alcohol or tobacco, data from state tax receipts at the very least shows no increase in the consumption of either of the latter two substances following legalization.

UPDATE:  Another study finds an inverse relationship between recreational cannabis legalization and intimate partner violence, the opposite of what researchers predicted.  That is, legalization appeared to reduce it, contrary to "Reefer Madness" stereotypes.

Have A Safe And Happy Memorial Day

Today is Memorial Day, often known as the unofficial first day of summer and National BBQ Day.  But let's remember what it really is--a day to honor all of the men and women of our armed forces who made the ultimate sacrifice for our country, past and present.  And that of course includes all of those who died serving our country before they were legally old enough to drink.  Let us all take a moment of silence to honor them.

As for Candy Lightner, the ageist turncoat founder of MADD who had the chutzpah and hubris to go on national TV in 2008 and publicly insult our troops, may her name and memory be forever blotted out. 

And as always, arrive alive, don't drink and drive.  It's just not worth it, period.  And it's very simple to prevent.  If you plan to drive, don't drink, and if you plan to drink, don't drive.  It's not rocket science.   Designate a sober driver, call a cab or rideshare, crash on the couch, or even walk if you have to.  Or don't drink--nobody's got a gun to your head.

(Mic drop)

Disturbing Behaviour (Satire)

The 1998 horror sci-fi film Disturbing Behavior was a classic in the youth rights-adjacent genre.  It takes place, of course, in the USA (Washington State).  But what if it took place in the nearby Canadian province of Alberta, who is light-years ahead of the USA (a pitifully low bar to clear, we know) in terms of youth rights?  How would Disturbing Behaviour (note the spelling) go in that context?

Student 1:  "Oh, so a bunch of wannabe technocrats are trying to do some sort of weird mind control thought reform brainwashing crap on us.  How cute." 

Student 2:  "It's not gonna work on us, though.  They picked the wrong town to mess with, and probably the wrong province too." (Laughs)

Technocrat:  "Foiled again!" (Packs up and moves far away)

The End

(Credits roll, to the same song as the original, "Got You (Where I Want You)" by The Flys)

Still More Things Underage Drinkers Didn't Do

In the past, we would chronicle and discuss countless examples of drinkers OVER 21 behaving badly, as "Things Underage Drinkers Didn't Do".  Time to do it again:

In the past few months or so in America:

An underage drinker did NOT drunkenly crash her car into a birthday party, killing two children. 

An underage drinker did NOT punch a flight attendant multiple times after drinking rum, causing the flight to divert, and then have the chutzpah to spit on and groin-kick the police officers who escorted him off the flight.

An underage drinker did NOT drunkenly BITE a flight attendant on an international flight, forcing the flight to divert.

An underage drinker did NOT drunkenly drive 105 mph with a BAC of 0.23 and crash into and kill another driver.

An underage drinker did NOT drunkenly drive in the wrong direction on I-95 and kill a young nursing student. 

An underage drinker did NOT drunkenly steal a car and then crash it into two police cars.

An underage drinker did NOT drunkenly run over an elderly woman with a snowplow in a parking lot, killing her.

An underage drinker did NOT drunkenly bite the finger off of a wedding guest who tried to restrain him after he inappropriately touched another guest.

An underage drinker did NOT have the chutzpah to get herself arrested for drunk and disorderly conduct at an AA meeting of all places.  Not to be outdone in chutzpah, she kicked the police officers and added insult to injury by puking in the patrol car.

An underage drinker did NOT pull a gun on another parent at a youth football game because of something they said, then argued with police and threatened to kill the K9 too.

And that, ladies and gentlemen, is just the tip of the iceberg...

UPDATE:  Also, an underage drinker did NOT drink so much that she drunkenly smashed her car into a crowd of 16 pedestrians crossing the street, injuring 14 and killing two of them, then left the scene of the crash until she was caught, all while pregnant. 

An underage drinker did NOT get so wasted that she grabbed an unrelated 10 year old boy in a Jersey Shore motel swimming pool and swung him around and dunked him underwater, then jumped on and inappropriately grabbed his father when he tried to intervene, and then became belligerent with police and proceeded to BITE one officer's hand as well.

Cannabis Legalization Still Not A Disaster After All

The latest evidence finds that cannabis legalization was NOT a disaster after all, and that essentially NONE of the prohibitionists' histrionic fears had come to pass.  Yes, really.  That's the good news.

The bad news?  Legalization has been half-assed thus far, and we need to finish the job. Yesterday.  First of all, we need to fully legalize it at the federal level and get it out of the ridiculous legal limbo it has been in for years.  Secondly, we need to treat it no more stringently than alcohol or tobacco, not tax it excessively, and make retail licenses cheaper and easier to get, to reduce barriers to entry.  And finally, we need to reduce the age limit to 18.  Do all of these things, and the black market will wither on the vine.

So what are we waiting for?

What Should The Driving Age Be? (Updated Re-Post)

One thing that Twenty-One Debunked has been slacking on lately is the other main age limit in the drinking/driving equation--the driving age.  While we have not always been very clear on that particular issue and generally left it on the back burner, it merits attention nonetheless.

There is indeed an interesting paradox compared with the drinking age.  With the notable exceptions of Canada (permit age 14, 15, or 16 depending on province, license age 16), Australia (16 1/2 in one state, 17 or 18 in the rest), and New Zealand (16), every other industrialized (and semi-industrialized) nation on Earth has a driver license age of 17 or higher, and most are 18.  Yet these countries all have drinking ages lower than the USA, and nearly all of them are 18 or lower.  Many are as low as 16 (though a few European nations have recently raised the drinking age to 18). And most of these countries have far lower rates of traffic deaths, alcohol-related or otherwise, than the USA.

On the surface, that strongly recommends in favor of raising the driving age in conjunction with lowering the drinking age, particularly setting the driving age higher than the drinking age instead of the other way around.  At one time, the founder of Twenty-One Debunked advocated doing exactly that.  But such an approach glosses over some serious issues involving the car culture of the USA.  First, with our inferior public transportation infrastructure, we cannot compare the situation here to Europe.  Canada or Australia would be a much better comparison.  Secondly, the odds of us ever lowering the drinking age below 18 are slim to none, and we no longer consider such a goal worthwhile.  But most importantly, the evidence that a much higher driving age would make roads any safer is questionable at best.

Renowned sociologist and youth-rights activist Mike Males did a famous study in 2006 that found that California's tough new graduated driver license (GDL) law implemented in 1996 did reduce traffic deaths among 16-17 year olds--but also increased traffic deaths for 18-19 year olds enough to more than offset the apparent lifesaving effect among younger drivers.  In other words, it merely delayed such deaths, or worse, led to a net increase.  He also found in another study that much of the increased risk among younger drivers is actually the result of poverty, not "immaturity" or "underdeveloped brains".  The rest can largely be chalked up to inexperience, and the difference between genders (males being worse) dwarfs any unaccounted for age difference.  While his research was seen as controversial among the establishment and many disputed it, it nonetheless pans out rather well.  A 2011 national study by Masten et al. confirms Mike Males' general findings: after adjusting for potential confounders, stronger GDL laws (compared with weaker ones) were associated with lower fatalities for 16 year olds but higher fatalities for 18 year olds (and possibly 19 year olds as well), and the net effect for 16-19 year olds as a whole was not significantly different from the null.  In other words, it was a wash overall.

Of course, it is true that 16 year old first-year drivers do have significantly higher fatal crash risks that 17 year old first-year drivers--though 17 year old novices are apparently no worse than 18 or 19 year old novices.  (There were apparently not enough first-year drivers 20 and older to make a valid comparison for them at the time, but I imagine it would be very similar.)  Thus, it is possible that raising the driving age to 17 would in fact result in a net reduction in traffic deaths over the lifecycle compared with the status quo, while raising it to 18 or higher would likely only delay deaths compared with a driving age of 17.  New Jersey, for example, has a driving age of 16 for permit and 17 for license--the highest in the nation besides NYC with a de facto age of 18--and their teen traffic death rates are, contrary to stereotypes, lower than neighboring states (interestingly even before their GDL law was implemented, and declined further after that).  Compared with Connecticut, New Jersey's fatality rate was much lower for 16 year olds, slightly higher for 17 year olds, and slightly lower for 18 year olds, so the net effect was death reduction.  This was true in all time periods studied, back in the day (even long before GDL in either state) as well as more recently.  So being a year behind may not necessarily negate the benefits of delaying entry to licensed driving--though raising the age any higher than that might. 

(New Jersey's GDL, unlike most states, applies night and passenger restrictions to all new drivers under 21 rather than 18.  And for drivers over 21, there is still a GDL, but minus the night and passenger restrictions.  While some form of provisional license is a wise idea for new drivers of all ages, Twenty-One Debunked does NOT support any such night and passenger restrictions on drivers over 18, and only very grudgingly tolerates them before 18.  In NJ, the best that one could say is that these restrictions "flatten the curve", to put it in the lingua franca of the 2020s)

Meanwhile, Alberta (Canada), which is fairly rural sets their permit age at 14 and license age at 16, and at any age one must have their provisional license (albeit with far fewer restrictions than the USA) for two years and be violation and accident free for the last year before upgrading to the full license.  The road test is of course more difficult than in the USA.  And their drinking age is 18.  And they seem none the worse for wear in terms of traffic casualties.

So what should the driving age be in the USA?  The optimal age may in fact vary depending on how rural or urban a state or region is, but we do not believe it should be any higher than 16 for permit and 17 for license.  And of course we believe that the drinking age should be 18.  Additionally, we should definitely make the road test tougher like it is in other countries, and improve our driver education courses as well.  Raising the alcohol taxes and the gas tax would likely save many lives as well.  But on balance, raising the driving age any higher than 17 in this country would likely do more harm than good. And while GDLs in general are likely beneficial on balance, there is likely such a thing as too strict--particularly when it only targets drivers below a certain age (as opposed to all new drivers like in many other countries like Canada), and such a poorly designed one can actually backfire.

Emancipation For A Post-Capitalist Society

One thing that needs to be better refined for a post-capitalist, protopian future is the process of "emancipation of minors," to quote the official term of art despite its derogatory connotations.  Here are some ideas from Twenty-One Debunked:

First and foremost, let's jettison the terms "emancipation" and especially "minors".  The former has historical connotations related to slavery, while the latter is an ageist slur that implies that young people below some arbitrary age are somehow less important than those above that age limit, as even Hillary Clinton famously pointed out in the 1990s.  Replace the former with "release (of restrictions)" and the latter with "youth" or "underage".  For the same reasons, the terms "access" and "custody" have already been largely replaced by "contact" and "residence", respectively, in most of the Anglosphere. 

Secondly, we need to follow "Alberta rules" and set the default age of majority (legal adulthood) at no higher than 18, and NO age limit for anything can be set even a day higher than 18, except with truly extraordinary justification (like for being President or VP of a country with hair-triggered nuclear weapons and other WMDs), or for senior citizen stuff.  And for any (non-convicted) individuals over 18 to have even one iota of their civil rights abridged or taken away even temporarily, the onus is inherently on the state to prove that the individual is incompetent, NOT on the individual to prove their own competence.  Anything else is inherently ageist, classist, racist (by extension of and intersection with classism), and/or ableist in practice, if not also in theory as well. 

Thirdly, while for young people below the default age of majority, the onus would by definition be on them as individuals to prove their own competence, it needs to be done in a fair and just manner and as objectively as possible.  And doing so needs to also provide at least some sort of alternatives to the traditional and narrow (and increasingly outmoded) milestones of adulthood for generations past.

Twenty-One Debunked's early thought is to have two categories of release:  1) "conditional release", which begins the process, and can still be revoked if the conditions are not met, and 2) "final release", which will happen after a year or two following conditional release, or age 18, whichever occurs sooner, and cannot be revoked.  The minimum requirement to achieve conditional release should be 1) the completion of Tanner Stage 5 of puberty plus a mental age of 16 or higher as measured by any standardized IQ test, college entrance exam, or graduation exit exam, OR 2) a chronological age of 16, whichever occurs sooner.  The minimum age to achieve final release should be a chronological age of 16 or at least one year since conditional release began, whichever occurs later.  All of the other details are of course not cut-and-dried, and should be flexible.  (And unlike Dr. Robert Epstein's paradigm, let's NOT follow the DMV model!  Only the most left-brained, out of touch, ivory-tower academic elites could think that is somehow a good or wise idea, because reasons.)

And when Universal Basic Income (UBI) is eventually implemented, only upon final release (or 18, whichever is sooner) should an individual receive their own unconditional UBI directly.  Rather, upon conditional release, they should receive a "conditional stipend" instead.  (Before any kind of release, by default their share of UBI would go directly to the young person's primary parent or guardian.)

Of course, for as long as we live in "mass society", for all of its myriad flaws, there probably still should be some sort of hard age limits (i.e. purchase ages for alcohol and other psychoactive substances, age of consent, working in truly and inherently dangerous jobs, etc.) that remain true regardless of one's individual status, but nearly all age limits can be at least partially replaced in that regard.  And again, no such age limits should ever be higher than 18.

So what are we waiting for?

What To Do About Lockdown-Induced Arrested Or Delayed Development?

Four years after the official start of the pandemic, two years after practically all restrictions were lifted, and roughly one year after it was declared to be over, the consequences of the lockdowns, quarantines, school closures, mask mandates, and other restrictions can still be seen in its aftermath long after these restrictions were lifted.  This is especially true among children and young people, whose development has been delayed, stunted, or arrested as a result.

It is a truly massive elephant in the room!

Now, the temptation would be to knee-jerkedly raise age limits for various things in response to this, up to and including even the age of majority itself.  You know some people want to.  But that would only exacerbate such developmental delays in practice by kicking the can even further down the road.  The specious idea that "kids today are infantilized, so let's infantilize them even further, because reasons" is absolutely insane.  If anything, we should be doing the opposite and lowering or even abolishing various age limits (within reason), and giving young people a megadose of independence.  That is, go "straight from zero to the Fourth of July", like the song by the band The Killers says, in both the real AND virtual worlds, and certainly no later than age 16.  And at the very, very least, seriously, let's NOT add any more restrictions whatsoever on the already most heavily monitored and (in many ways) restricted generation of children and teens in all of recorded history.

Infancy cannot be re-run.  Childhood cannot be re-run.  And, try as so many adults may, adolescence cannot be re-run either.  The best thing to do is to build a time machine and go back to March 2020 and make it so the lockdowns, school closures, etc. never happened, and that we adopted the "flu strategy" per the original pandemic plan from the get-go per the wisdom of the ages.  Failing that, the second best thing is to rectify things as best we can, yesterday.

The latest attempts to abruptly restrict or revoke teens' access to the virtual world will leave a "social media-shaped hole" in the lives of millions that will most likely NOT be filled with anything good. And after decades of gradually restricting and reducing their access to the real world, it would be a bait-and-switch to disingenuously claim that children and teens will now all of sudden be given more access to the real world in order to fill the void.  Most likely, they will lose access to both the real AND virtual worlds, and increased access to the real world will NOT be forthcoming for a while.

True, the virtual world is no substitute for the real world, as we have all learned the hard way during lockdown.  But as renowned sociologist and youth rights activist Mike Males says, "The dangers of both the virtual and real worlds have been wildly exaggerated. Teens don’t need more restrictions."  Truer words have never been spoken.

And will today's youngest generations, and future generations, ever forgive us?

(Mic drop)

UPDATE:  What would be a good shorthand to describe what needs to be done?  Twenty-One Debunked thinks we should call it the "Reverse Icelandic Model", that is, the reverse of the vaunted Icelandic Prevention Model (IPM).  When the pandemic and related restrictions and isolation intersected with the existing IPM that had been in place for two decades, it really did a number on the mental health of young people in Iceland.