Connecting the Dots…. Identifying Environmental Strategies & Enforcement Strategies to reduce

youth access to alcohol

OJJDP’s Enforcing the Underage Drinking Laws Program

Session Overview

• Brief history lesson of alcohol regulation• Review of Underage Drinking Statistics• Overview of Environmental Management

Approach• Identify & Discuss environmental strategies to

address underage drinking to include– Outlet Density, Server Education Programs, Taxes,

Warning labels, Social Host Laws

Session Overview

• Identify and Discuss “best practice” enforcement strategies to address underage drinking to include– Compliance Checks, Shoulder Taps, Controlled

Party Dispersal, Youth Impaired Driving Enforcement

• Recap

History of Alcohol Laws• Prior to prohibition

–Laws were designed to control drunkenness and not drinking.

–For religious and health reasons more pressure was applied to ban alcohol.

History of Alcohol Laws• In the 1850’s states began to go dry.• By 1919 enough support was gained to pass

the 18th Amendment which became law in 1920

• The Volstead Act furthered the prohibitions.

History of Alcohol Laws

• Prohibition’s Failures–People wanted to drink so alcohol

consumption and sales went underground.–In New York they went from 16,000 saloons

to as many as 100,000 speakeasies. (Moonshine = First “Alcopops”)

History of Alcohol Laws– Much of alcohol became controlled through

organized crime and corruption became common place.

• Doctor’s writing illegal prescriptions• St. Valentine’s Day Massacre (Capone-Moran)• NASCAR

History of Alcohol Laws• Prohibition Repealed

–Prohibition – Also known as the Noble Experiment failed – Dec. 5, 1933 it was repealed.

–Prohibition has been blamed for many things including changing the drinking habits of our country for the worse.

History of Alcohol Laws

• States were given the authority to decide for themselves if they wanted alcohol, as well as, the ability to create their owns laws to govern it’s manufacture, distribution and sale. (see “Toward Liquor Control”)

• 50 Different liquor codes which incorporate some level of local control/input

History of Alcohol Laws• States chose one of two primary methods of

control.• License States. (MO)

– License is issued to vendors then regulated by the state

• Control States. (VA)– State controls the wholesale level and distribution

of alcoholic beverages

History of Alcohol Laws

• In the last decade some control states have privatized some aspects of the alcohol industry

• Alcohol Legislation is typically done piecemeal without much thought to an overall strategy

History of Alcohol Laws• Federal Government re-enters the picture.• 1980’s - MDLA• Lower BAC levels• Both tied to highway Funds.• Enforcing the Underage Drinking Laws

Program (EUDL)

History of Alcohol Laws• Research has continued to expand and more factual

information is available on the physiological effects of alcohol consumption.

• Medical Research supports minimum age of consumption.

• Levels of impairment have been defined and blood alcohol contents have been established to protect the citizens.

Underage Drinking

Is there REALLY

a problem?

Underage Drinking is a $62 Billion a Year Problem in the U.S.

Pain & Lost Quality of Life: $36.9 billion

Medical Care:$6.9 billion

Work Loss & Other Costs:$18.2 billion

Total Cost of Underage Alcohol Use in the

United Statesfor 2010:

$62 billion

Underage Drinking is a $0.6 Billion a Year Problem in Iowa.

Pain & Lost Quality of Life: $327 million

Medical Care:$117 million

Work Loss & Other Costs:$137 million

Total Cost of Underage Alcohol Use in

Missourifor 2010:

$0.6 billion

Associated Costs – (2007)Nearly 15% of alcohol sold in the

country is consumed by underage drinkers.

These sales provide $11.9 billion yearly in profits to the alcohol industry.

-PIRE, 2009

• Totaling 24.2 Billion in sales

Is There a problem?• Underage drinking kills 6.5 times more youth than all

illicit drugs combined• Yet a 2001 report found that only $71 Million of the

federal government’s fiscal year 2000 budget was allocated for the prevention of underage drinking while $18 Billion was spent on the “drug war”

Prevention is based on a simple premise: Risk & protective factors

To prevent a problem from happening, you need to identify the factors that increase the

risk of that problem developing and find ways to reduce

those risks.

Young People Face Increasing Risks Today

• Socially– Peers, pressure, environments…

• Economically– Spending money, jobs, opportunities, future…

• In terms of Information– Clarity, truth, creativity, media…

• In Terms of Family– Expectations, roles, time, bonding…

Many social conditions contribute to underage drinking.

• Youth norms about drinking acceptance• Low perceptions of risk• “Work hard, party hard” cultural norm• Perception that prevention is a waste of money• Cultural acceptance of alcohol industry sponsorship• Perception that “It’s only beer”• Parental attitudes and norms

Many Media Conditions Contribute to Underage Drinking

• Youth –oriented alcohol advertising• Positive depictions of alcohol and tobacco in

mass media• Placement of ads and promotions where they

are viewed by many youth• Lack of aggressive coverage of AOTD issues

Environmental Prevention A new way of thinking about youth alcohol Use

Environmental prevention removes the focus from individual behavior and attempts to impact the larger environment.

Environmental StrategiesWhat are they?

• Strategies used to reduce problems associated with the use of alcohol, tobacco and illicit drugs through changes in the social, economic and political environment

Essential Elements of Effective Prevention of ATOD Problems

The following are some basic concepts of environmental change:

• Establishes or changes community standards.• Policy-oriented.• Addresses the physical, social, political and

economic factors.• Involves citizen participation, including youth.• Engages citizen action.• Involves partnership with Enforcement.

Environmental Prevention

ENVIRONMENTAL STRATEGIES

Focus on policy and policy changeFocus on social, political and

economic context of A/R problemsLong-term focus on policy

development People gain power by acting

collectively Individual as advocate

INDIVIDUAL STRATEGIES

Focus on behavior and behavior change

Focus on relationship between individual and A/R problem

Short-term focus on program development

Individual does not usually participate in decision making

Individual as audience

Risk reduction has become a battle between “Individualists” and “Environmentalists.”

• Individualists: “Change or protect the child and you can reduce risks and dangers.”

• Environmentalists: “Change the conditions around the child and you can reduce the risks and dangers.”

The “Battle” is a losing fight for everyone.

• Both strategies can co-exist .

WHY…BECAUSE……

• Risks are individual and environmental.

IndividualSCHOOL

WORK

FAMILY

COMMUNITY

Faith institution

TV

MOVIES, MUSIC

FINANCESGOVERNMENT

FRIENDS

None of us live in a vacuum.

Why do some people have difficulty embracing environmental strategies?

• Individual strategies have been around longer.• Individual strategies offer a quicker “fix.”• Environmental strategies implicate all of us in

the problem.• Environmental strategies require challenging

the existing power structure.

Effective individual strategies can assist and support environmental changes.

Individual• Mentoring• Boundaries• Expectations• Clarity• Education• Alternatives

Environmental• School Policies• Civic projects• Advocacy• Social Marketing• Limiting Access

Start With an Assessment of Your Community

• Data Collection• Conduct an environmental scan• Obtain data from police• Obtain data from YBRS• Community Support

Identifying Strategies

• Enforcement• Policy • Media Advocacy• Education and Awareness• Involving Youth

After you have played detective . . .

Community Interventions

• After assessing the problem, communities should:– Involve gatekeepers and key community leaders– Rely on scientifically – based strategies– Implement strategies tailored to the specific

problems and resources in the community– Consider strategies including community

organizing, public education, coalition building and strategic use of mass media

To Build a Healthy Environment, Here Are Some Basic Tools

Reducing Underage Drinking: A Collective Responsibility

2003 Report to Congress

The Surgeon General’s Call to Action

To Prevent and Reduce Underage Drinking 2007

Alcohol is . . .

•easy for youth to access

•prominent in entertainment media

•advertised in venues that reach youth disproportionately

•cheaper than 30-40 years ago

______________

Kids get access from adults in social and retail settings

Focus efforts on adults

and engage entire society

Policy Interventions

• To prevent underage drinking, policy interventions must focus on the Availability of alcohol

• Effective policies address the 4 P’s– Price– Place– Product– Promotion

Environmental Strategies: Alcohol

• Taxes (Excise & Sales)• Theory is to raise the price to discourage

purchase by youth • Current Issues of Debate

– Should “Alcohol Pops” be taxed as beer or hard spirits

– Where should any increase in a tax go – general revenue fund or dedicated to AOTD programs

Environmental Strategies: Alcohol

• Legal Selling Age– Raise the age of servers/sellers of alcoholic

beverages– Supervision

• Entry Age– Prohibit access to certain locations by anyone

under the age of twenty-one• Warrensburg, MO - Bars• OK – Package Liquor Stores

Environmental Strategies: Alcohol

• Regulate Size/Sale of Containers– City of St. Louis bans the sale of cold 40 ounce

glass bottles• Warning Labels

– Alcohol Content, Risks• Limit/Ban Happy Hour/Drink Special

Restrictions– Research shows that inexpensive drink prices lead

to greater consumption

Environmental Strategies: Alcohol

• Effective Media Advocacy– Op-Ed’s, letters to the editor, speaking

engagements

• Advertising Bans– Near Schools/Youth friendly venues– In magazines/TV/Billboards

• Counter Advertising

Environmental Strategies: Alcohol

• Outlet density – relationship to crime & underage drinking– Limit the number & location of outlets– Lots of research exists to support this strategy

• Ban on use in public places– Require permits in parks & public spaces

• Hours of sale

Environmental Strategies: Alcohol

• Server Education Programs– Research indicates that they are most effective

when coupled with strong enforcement– Should be trained on their legal responsibilities

when it come to dispensing alcoholic beverages– Should contain false identification component

• Social Host Laws

What is Social Host Liability?

• Social Host liability refers to laws that hold individuals responsible for underage drinking events on property they own, lease, or otherwise control.

• This is different from laws that prohibit furnishing alcohol to youth under 21.

• Social host laws focus on preventing underage drinking on private property with out regard to who furnishes the alcohol

Dram Shop Laws

• Social Host Laws are distinguished from Dram Shop Laws.

• Dram Shop Laws apply to commercial vendors such as bars, restaurants and package liquor stores.

• Generally speaking if the vendor knew or should have known that the customer was intoxicated the business can be held liable for damages.

Problems with Dram Shop Laws

• The Standard of Proof is difficult• Generally speaking most states language

requires that the patron be shown to have been visibly intoxicated at the time the vendor served them.

• Missouri’s Dram Shop Law requires proof that the party demonstrates “significantly uncoordinated physical action or significant physical dysfunction.”

Recent Court Cases

• Deerfield, IL-Hutsell Case(2007) – Parents were charged criminally (Mr. Hutsell was sentenced to two weeks in jail) and have been sued civilly.

• George Baldwin IV v Lauralee Pfeifer IL Case 2.5 million settlement (Feb 2009).

• Aramark/Giants Stadium – Dram Shop Lawsuit – Jury originally awarded a combined judgment of $135 Million, it was later overturned on appeal. Case was finally settled out of court for an undisclosed amount.(1.8 million from other defendants).

The Traditional Approach

• Most, if not all states have some form of law that criminalizes the sale or supply of intoxicating liquor to minors.

• These laws are most frequently applied in commercial settings (i.e. Bars, Restaurants and package liquor stores).

• These laws can be applied in social settings, but one must prove who actually provided the alcoholic beverage to the youth. Usually referred to as a furnishing or supply charge.

Problems with the Traditional Approach

• Given the locations of many underage drinking events (homes, hotels, fields, fraternity/sorority houses), as well as, the standard of proof it is often difficult for law enforcement and prosecutors to definitively establish who furnished the alcoholic beverages thus making it difficult to successfully prosecute anyone.

Why Social Host Laws?

• Furnishing/Supply laws and Dram Shop Laws can effectively deal with the commercial settings, but we know that most youth who drink, drink in non-commercial settings so we need a mechanism to deal with these events.

• 53.4% of current alcohol users aged 12-20 drank at someone else’s home the last time they drank. (30.3 % drank in their own home).

Why Social Host Laws?

• Underage drinking is not a benign activity.• Underage drinking leads to a whole host of

harms, Unintended pregnancies, sexual assaults property damage, death etc..

• High consumption (binge drinking) is associated with drinking in larger groups

Why Social Host Laws?

• The most common setting for drinking among high school seniors is someone else’s home.

• In a recent survey in Silicon Valley, CA 100% of the parents surveyed said it was okay for teens to drink when parents aren’t home.

• 46% of the parents did not know what their liability was if someone else’s child were found drinking in their home.

• 88 % of those kids who drink said they drink at someone else’s home.

Why Social Host Laws?

• Provides an effective deterrent for adults and youth under 21 who host underage parties.

• Increases awareness regarding underage drinking.

• Makes parents aware of the need to take precautions so that parties do not occur when they go out of town.

• Allows for recovery costs.

Support for Social Host Laws

• You need to assess what the community norm in your community is.

• Will there be support for a social host law.• Law enforcement and Prosecutor’s can only

enforce to the level of support within the community. (ex: speeding).

Support for Social Host Laws

• Studies suggest that support is high.• 80% of respondents in a national study

supported increased penalties for adults who illegally provide alcohol to minors and policies that require mandated training for owners and servers of alcohol establishments.

Current State of Social Host Laws

• Unlawful Social Hosting is a crime in 25 states.• In 33 states social hosting can result in civil

lawsuits against a host if someone is harmed because a guest under 21 is intoxicated.

• In addition, social hosting laws exist under many city and county codes across the country

Types of Social Host Laws

• State – level social host civil liability• State – level social host criminal liability• City or County criminal infractions• City or County criminal misdemeanors• City or county civil or administrative citation

ordinances• City or county response cost recovery

ordinances.

State Level Social Host Civil Liability

• Either imposed by State Statute or by a Court decision- allows an injured private party to bring a lawsuit seeking money damages against the host(s).

• No fine or imprisonment under these actions• Traditional civil lawsuit whereby a

jury/judge/arbitrator determines the amount of the fine.

State – Level Social Host Criminal Liability

• Parameters of the crime are set by Statute and enforced through a criminal prosecution and can result in fines and or imprisonment of the host(s).

City or County Criminal Infractions

• Social Hosting liability is treated as crime, but it is treated as a lesser crime generally only allowing for a monetary fine as opposed to any jail time.

City or County Criminal Misdemeanors Ordinances

• Generally defined as an ordinance violation and treat social host liability as a misdemeanor in the same way some states do imposing possible jail time as a penalty.

City or County Civil or Administrative Citation Ordinances

• Under these ordinances folks who own, lease or otherwise control the property are civilly responsible for civil or administrative monetary penalties.

City or County Response Costs Recovery Ordinances

• Under these types of ordinances hosts are civilly charged for the cost associated with responding to and dispersing the party-similar to the costs many cities and/or departments impose for false alarm responses.

Effectiveness of Social Host Laws

• Given this is a relatively new application of law little research has been done on Social Host laws.

• Comparisons can be drawn to the application of “Dram-Shop” Laws which have been applied in commercial settings.

• Studies show that states with the strongest server liability laws are more likely than other states to see a reduction in drunk driving and mortality rates.

Effectiveness

• The first national study of civil social host liability laws reduced binge drinking and drinking and driving among drinkers generally. The authors of the study concluded that, “Social Host laws represent an expansion of support into a new area of third-party liability, and study results appear to support their effectiveness.”

Drafting Concerns

• They are many model social host laws you can choose from.

• A social host law should not be drafted without consulting with the State’s Attorney, County Prosecutor or City Attorney depending on the type of law you are wishing to adopt.

• Terminology is key in these laws to achieve the intended goal.

Standards of Proof

• In a criminal case you are going to have to prove beyond a reasonable doubt that the host acted with the appropriate state of mind to commit the crime. (knew, should have known)

• In a civil case the standard of proof is typically a preponderance of the evidence (i.e. more likely than not standard).

• Fine v. Incarceration

Focus on Enforcement

Partnership between law enforcement and the community

Deterrence and Enforcement

Perception of• Certainty• Swiftness• Severity

• Active Enforcement is a Requirement for Effective Deterrence.

The Case for Enforcement Partnerships

• Tackling underage drinking without enforcement is not just difficult , it is impossible

• Enforcement should be the cornerstone of your community efforts

• Enforcement equals prevention

Who can enforce?

• State Alcohol Beverage Agency• State Police/Highway Patrol• Sheriff’s Department• Municipal Police• TTB• Campus Police/Security• Park Police• Others

Enforcement Practices• “Best Practices” include:

–Compliance Checks–Shoulder Taps–Party Patrols and Prevention–Bar Sweeps / Street Sweep–Keg Registration / Enforcement–False ID enforcement / Training–DUI / Zero Tolerance Enforcement/Youth Impaired

What are Compliance Check Investigations?

• Compliance check investigations are a cost-effective way to control youth access to alcohol from retail outlets. They involve the use of underage buyers by law enforcement agencies as "deputies" to test retailers' compliance with laws regarding the sale of alcohol to minors.

• State laws vary on the operational components of the program.

• Considered by many to be the cornerstone program in any comprehensive underage drinking enforcement strategy.

PIRE, 1999

Sample Enforcement Results Sustained Effort with Coalition Support

Project Extra Mile

Alcohol Compliance ChecksDouglas & Sarpy Counties

41.0%

17.0%

21.0%

18.0%

34.0%

25.0%

17.0%

9.5%

13.5%

9.0% 8% 7%

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%

45.0%

February1997

April 1998 April 1999 February2000

March 2001 April & May2002

J anuary 2003 April 2004 May 2005 November &December

2005

December2006

J une 2007

No

n-C

om

plia

nt

Ra

te

Shoulder Taps• This program addresses the youth who may solicit adults and

adults who are willing to purchase for youth–Two standard models

• Youth decoy mode• Adult decoy model

–Actual operations are similar. Safety considerations are greater with youth decoy model

• This program usually follows the establishment of a successful compliance check program

Party Patrols and Prevention• Designed to address underage drinking parties and encourage

safe non-alcohol based parties for youth–Controlled party dispersals are tactical operations designed

to contain the party and systematically control the release of the participants and take enforcement actions against those who have violated the law.

• Focus is also on private parties that are charging for entry, alcohol or the means to obtain alcohol.

• Education is part of the enforcement effort. Law enforcement provides information to hosts on how to run a safe party and control the alcohol

Bar Sweeps / Street Sweeps• Enforcement centers around violations occurring in

and around licensed establishments and private parties

• Bar Sweeps involve teams of officers walking through establishments at peak times looking for underage persons and other violations.

• Street Sweeps involve teams of officers patrolling areas where high incidents of illegal consumption occur. This program also addresses alcohol related crimes like battery and criminal damage. Some focus is placed on private party locations.

Keg Registration / Enforcement• Primary purpose of keg registration is for source

investigation.–Creates an easier way to identify people who

provide alcohol to minors.• Variations of keg registration include keg permitting.

–“Follow the keg” enforces the permitting process and allows for contact between the police and hosts.

False ID Enforcement / Training• A critical aspect of alcohol enforcement is Illegal ID

enforcement. The use of these illegal documents is prevalent by underage individuals.–Champaign, IL Illegal ID’s taken in 04 – 05 school year

• 1457 IDs seized• 97% were borrowed IDs

• Card Hard enforcement programs pair door staff with police allowing for the immediate enforcement.

• Penalties include possible jail time, fines and a loss of driver’s license

DUI / Zero Tolerance/Youth Impaired Driving

• Enforcement efforts may vary by resources available and may include:–Road side safety check points–Directed patrols / STEP–Patrol emphasis on enforcement with special attention on

Zero Tolerance–Use of Drug Recognition Experts (DRE’s)–DUI Task Forces

Youth and Traffic Crashes

• Motor vehicle crashes are the leading cause of death among young people

• Youth are over-represented in fatal crashes 2:1• Alcohol is involved in over one-third of traffic

fatalities• Risk of crash at low BAC levels is higher than adults• Years of potential life lost and long term cost of

injuries are substantial

Youth Drinking and Driving

Despite our efforts, youth are still dying at alarming rates…

• Motor vehicle crashes are the number 1 killer of young people ages 15-24.

• Most teenage fatalities occur when another teenager is driving

• About twice as many young people die in weekend crashes than on weekdays

• A young person dies in an alcohol related crash every two hours

• In 2009, 16-20 year olds had the second highest fatality and injury rates per 100,000 population.

NHTSA

DWI Alcohol Issues: 16-20 years of age

• 2009: 951 alcohol related deaths (19%)• 2008: 996 alcohol related deaths (17%) • 2007: 1,205 alcohol related deaths (18%)

• In 2009, 72 % of DWI alcohol related fatalities had the driver as unrestrained

NHTSA, 2009

Youth, Alcohol, and Traffic Crashes: Recipe for Disaster

• Inexperience: with drinking and with driving• Immortality: “it won’t happen to me”• Exuberance: risky behaviors

Youth Drinking and Driving

Drinking Patterns of Adults versus Youth

Question Adults Juveniles• If you decide to drink, Sip or consume Guzzle or Gulp

how do you consume? Moderately• If you decide to get in a Home Cruise Around

car, where do you go?• What time of the day or 2:00am-4:00am 11:00pm-

1:00amnight are you most likely

to do so?• How do you operate a Slowly or erratically Fast

vehicle?• Is there anyone in the car No Yes, 3-5 friends

with you?• Where are you when you At a bar or at a home At a party and

decide to drink? party around a car

NHTSA Survey

Challenges for Youth DUI/DWI Enforcement Operations:

• Community support for enforcement efforts.• Training of law enforcement to recognize

youth impairment.• Judicial support of enforcement efforts.• Weak penalties for youth offenders and adult

providers.• Attitudes of “rite of passage”.

Key Components of Progress

• Age 21 Laws• Graduated Driver Licensing (GDL) Laws• Zero Tolerance Laws• Enhanced Enforcement

– Saturation Patrols– Sobriety Checkpoints

Key Components

Why Should the Minimum Legal Drinking Age Be 21?

• Minimum drinking age 21 laws save 1000 lives per year in reductions in traffic fatalities involving young drivers.

• Medical research shows that excessive drinking by youth under age 21 may cause brain damage as well as reduce brain function.

• Early onset of drinking increases the risk for future alcohol abuse problems, crashes and assaults.

• European countries with lower drinking ages experience higher percentages of youth that report intoxication in the past month.

The 21 drinking age has saved over an estimated 25,509 lives from 1975 to 2006 (NHTSA, 2007).

0

5

10

15

20

25

1982 1985 1988 1991 1994 1997 2000

Traffic fatalities per 100,000 (under 21) (1977-2006)

UNDERAGE DRINKING

Effectiveness of MLDA 21 Laws in 36 States (Fell, et al, October 2007)

• 11.2% reduction in underage drinking drivers involved in fatal crashes associated with passage of MLDA 21 in 36 States

Controlled for as many factors as possible that could be accounting for the reduction including key drunk driving laws (.10 per se; .08 per se; ALR) and economic, demographic and environmental factors in each State examined.

Why Graduated Driver Licensing (GDL) Laws?

• A popular way of reducing vehicle crash risk by novice drivers.

• Annually, approximately 1,000 16 year olds die in vehicle crashes in the U.S.

• GDL reduces fatal vehicle crashes of 16 year old drivers by an average of 11%.

Source: NHTSA Report 2006 by Baker, et. al.

Why ‘Zero Tolerance’ Laws?

• At low BAC levels (.01-.04), male drivers 16–20 have six times the fatality risk as drivers 25 and older

• They have less drinking experience• They have less driving experience and ability

(e.g., less able to scan environment for imminent hazards)

• After drinking, they tend to engage in risky behavior, (e.g., speeding, not wearing seat belts)

Zero Tolerance Laws

Difficulties in Executing Impaired Driving Enforcement Among Youth

• Place• Time• Arrest processing• Driving cues

Operational Issues

Difficulties in Enforcing Zero Tolerance Laws

• Drivers at low BAC levels may not exhibit the usual signs of impairment

• Traditional enforcement practices may not pick up young drivers

• Some laws are poorly designed, making enforcement difficult

Operational Issues

Approaches to Overcoming Difficulties in Zero Tolerance Law Enforcement

• Review Your Data (Enforcement Data, Court Data, and Community Data such as Youth Alcohol Survey Information from the Youth Risk Behavior Survey—YRBS)

• Get Feedback from Officers who Conduct Impaired Driving Enforcement for their Observations

• Utilize the Chief’s Youth DUI Checklist from NHTSA as an Assessment Tool

http://www.nhtsa.dot.gov/people/injury/alcohol/juveniledui/part1/page3.html

Operational Issues

#1: Determine the Extensiveness of Youth Impaired Driving in your Community

Approaches to Overcoming Difficulties in Zero Tolerance Law Enforcement

Command emphasis:• Priority in resources and budget• Encourage officers• Base performance evaluations on impaired

driving enforcement• Be proactive not reactive

Operational Issues

Approaches to Overcoming Difficulties in Zero Tolerance Law Enforcement

Training:• Specialized training

– Drug Recognition Experts (DRE)

• Include in roll-call• New training when laws/ordinances change

Operational Issues

Effectiveness of DRE’s in removing impaired, youth drivers:

• In a study of 500 DRE cases in Arizona, 10.4% were under 21

• During a 5 month period, New York State Police found that 29.8% of DRE evaluations were under 21

• In the first 9 months of 1996, Oregon State Police reported that 14.6 percent of DRE evaluations were conducted on people under 21

• Since 1990, 19.4% of ALL DRE evaluations in Texas were on people under 21

Approaches to Overcoming Difficulties in Zero Tolerance Law Enforcement

Tools and Technology:• Passive breath sensors or preliminary breath

testing devices

Operational Issues

Approaches to Overcoming Difficulties in Zero Tolerance Law Enforcement

Community and system support:• Enforcement agencies can only enforce to the

level that the community will support• Actions of prosecutors and judges• Policies of licensing agencies

Operational Issues

Benefits of Youth DUI/DWI Enforcement:

• Sends a consistent message about alcohol use by underage youth.

• Sends a consistent message about adults providing alcohol to underage youth when source investigations are conducted and adults are held accountable.

• Works as part of a larger comprehensive strategy in preventing youth alcohol-related tragedies .

• Removes the youthful offender from immediate harm.• Publicizing the results raises community awareness and helps

change or reinforce community norms about underage drinking, as well as acts as a deterrent.

Preparing the Community for Youth DUI/DWI Enforcement Operations:

• Work with community leaders.• Work with traditional and non-traditional

enforcement agencies.• Work with courts and judicial representatives.• Work with community leaders to monitor

court systems.• Work with youth groups.

Enhanced Enforcement: Saturation Patrols

• Identify high risk times of year or events (great way to involve youth as part of the solution)

• Awareness building of zero tolerance laws and consequences for violation of zero tolerance laws (legal/economic/social/physical)

• Use of Media (pre and post operations)• Patrol Components• Judicial Involvement

Enhanced Enforcement: Sobriety Checkpoints

• Identify high risk times of year or events (great way to involve youth as part of the solution)

• Awareness building of zero tolerance laws and consequences for violation of zero tolerance laws (legal/economic/social/physical)

• Use of Media (pre and post operations)• Patrol Components• Judicial Involvement

Effectiveness of Sobriety Checkpoints

• Perhaps the most effective deterrent strategy for reducing the number of impaired drivers on the roadway.

• High visibility results in changed perceptions of the likelihood of being apprehended.

• They can result in a 20% reduction in alcohol-related fatal crashes if conducted routinely (i.e. weekly basis).

• Can be conducted with as few as 3 officers.

Source: Status Report, Vol. 40, No. 4, April 2, 2005 Insurance Institute for Highway Safety (IIHS)

Review

• The process is time consuming• Change takes time• Celebrate the small victories• Strategically pick your issues• Let the data drive your interventions

3 Key Prevention Principles• Local people solve local problems best• People support what they help create• Science Matters

Keep in mind

• Environmental Strategies - Advantages:–Effective and Efficient– Immediate Results– Inherently Sustainable

Effectiveness of Enforcement• It is important to realize that laws are only as

effective as the level of enforcement which is given to them.

• We know that we can educate.• It takes enforcement to give people a reason to

comply with the law. Only when people feel that there is a risk will they take the law to heart.

What Level of Enforcement?

• Will depend on what your data tells you• Key is fairness• Need to reassess each year and may need to

change up your strategy based upon changing community support & data

• Comprehensive approach to include several strategies

Remember the Importance of Media:

• Develop a positive and proactive relationship with the media.

• Notify the media in advance.• Use media to amplify deterrence.• Use media to create and demonstrate community

support.• Invite media representatives to observe operations.• Provide key information to the media after

operations are concluded.

Sources/Useful Websites:

• www.udetc.org• www.municode.com• www.madd.org• www.pire.org• www.alcoholpolicy.niaaa.nih.gov

About the Center…

OJJDP’s Enforcing the Underage Drinking Laws Program

Follow up

Provide Technical Assistance

Deliver Training

Publish Supporting Documents

Develop Curriculum

Identify Promising Strategies

Our work:

ABOUT UDETC

The Center works with enforcement and communities throughout the prevention and enforcement process.

Pacific Institute for Research and Evaluation

Phone: 877-335-1287 (toll free)

Website: www.udetc.org

UDETC Program Manager for EUDL Training and Technical Assistance Services to Oklahoma:

Aidan MooreSenior Program Manager 1516  E. Franklin Street, Suite 200Chapel Hill, North Carolina  27514-2812Phone Direct:   919-265-2623Fax:                  919-827-8778Cell:                 240-305-7887 (Anytime)

Personal Contact Information

Nancy M. McGeeMcgeenm@sbcglobal.net

314-608-5494 (cell)_________________________________________________________________________________________________

Underage Drinking Enforcement Training CenterTechnical Assistance Provider for Iowa

Aidan J. Moore amoore@pire.org

603-369-1766