New laws created to reduce drinking by minors give police officers greater leeway and contain harsh consequences for those they arrest.
Councilman Alan Walne is among the neighborhood leaders pushing for these laws to be more than just tough talk.
ÒThe policy perspective as far as my district is not ÒLetÕs pour it out and go home,Õ Ó he says. Law enforcement, he says, has Òseen a lack of support from a parental perspectiveÓ in fighting youth drinking. He wants to provide that support.
ÒThatÕs what IÕm trying to address, with what the City Council wants to see in this area,Ó he says.
ÒIf thereÕs heat, IÕll take the heat.Ó
The Law
Senate Bill 35 (which the Dallas Police Department began enforcing in late November) makes it a Class C misdemeanor for anyone under 21 to be under the influence of any detectable amount of alcohol.
Crucial to the billÕs language is Òdetectable amount.Ó Officers no longer have to apply a breath test to cite minors for drunken driving, or to catch the youngster holding and drinking an alcoholic beverage to pursue Òminor in possessionÓ or Òconsumption of alcohol by a minorÓ charges. Instead, the enforcement can be based on the officersÕ observations.
Also new are provisions to suspend the licenses of minors caught under the Òdetectable amountÓ standard for driving and other relations. For driving-related violations, the license can be suspended 60 days for the first offense; 120 days for the second; and 180 days for the third and subsequent offense. For other violations, the driverÕs license is automatically suspended 30 days for the first offense; 60 days for the second offense; and 180 days for third and subsequent offenses. This suspension is in addition to criminal sanctions for all offenses, (see chart for complete list).
Adults who provide alcohol to minors also face harsher consequences. The penalty for doing so has been raised from a Class C to a Class B misdemeanor Ð a jump that allows for not only steeper fines, but jail time.
Clearly, the letter of the law leaves little room for a Òkids will be kids attitude.Ó But how will this get-tough approach translate to real life?
Enforcement
A City-wide sweep with about 100 police officers checking out parts of the City where kids are known to drink was conducted late last year. Police Chief John Martinez of the Northeast Division is planning for similar sweeps in our neighborhoods as the weather warms and school is let out for the summer.
ÒRemember, this went into effect during cold months,Ó he says. ÒWhen it gets warmer, the kids will come out at night.Ó
Martinez describes underage drinking as Òpretty prevalentÓ in Lake Highlands.
ÒAny summer night you can go out to the park and see kids hanging out, and drinking,Ó he says. A willingness by some to Òlook the other way if a kid has a beer in his handÓ is among the factors that have made Òdrinking more than a problem than drugs, at least in this area.Ó
Martinez says the new sanctions Ð ÒItÕs a pretty severe penalty for a teen-ager to take away their licenseÓ – and the Òdetectable amountÓ standard make an effective combination.
ÒI expect we will use this law very much in the coming months, using it in conjunction with the curfew law,Ó he says. ÒWe have more tools to deal with this problem.Ó
The department has received little feedback on the new regulations so far; Martinez is hopeful that parents will support their efforts.
ÒWe want to make it clear to teen-agers and parents that weÕre doing them a favor,Ó he says. ÒWe may be saving their life.
ÒThey would rather I call and say that their child has been cited instead of calling to say their child is at the hospital, or in the morgue,Ó he says.
ÒWe have to send a message. ThatÕs what this legislation has done.Ó
A Public Forum
Walne Ð backed by co-sponsors and speakers such as the Lake Highlands High School PTA, Police Chief Ben Click, and Judge Marshall Gandy Ð held a town hall meeting at the high school in November. The auditorium was packed with parents and teens (some of whom received extra credit for attending).
Walne has been supportive of Senate Bill 35 since its inception. His son attends Lake Highlands, and his daughter graduated from there, giving him a chance to Òsee what kids go through in the high school experience.Ó What he sees too often is excess drinking Ð Òat the warehouses, parties and homesÓ that could lead youngsters down a dangerous path.
ÒThe earlier you are a drinker the better chance of there being a drinking problem,Ó he says.
ÒSo much youth drinking, underage drinking, is drinking to get drunk. ItÕs not just ÔI had a beer,Ó itÕs ÒI had a case. Õ Ó
ÒThat sets up problems later on.Ó
Like Martinez, Walne suggests the tougher regulations are as much for protection as punishment.
ÒThis is an important issue that affects the rest of their lives,Ó he says. ÒIÕm not interested in getting kids in trouble. I want them to make good decisions.Ó
Experimentation with alcohol doesnÕt make a youngster Òa bad kid,Ó Walne says. But guidance is needed.
ÒSome parents are very lenient about monitoring whatÕs going on . . . we need parents to be parents.Ó
Parental Perspectives
Carol Kent, president of the Richardson Council of PTAs, was one of several Lake Highlands parents to express support for the new restrictions. Some have heard the stories about parents who permit drinking in their homes for graduation or after-dance parties; none of them have encountered such a situation first-hand.
Ò ÔVigilantÕ is the word,Ó Kent says. ÒWe are making sure our children are safe and the law is being followed.Ó
ÒThe message of vigilance is well-founded,Ó she says. ÒThis could be the beginning of a lifestyle that will be a killer for many of them.Ó
At school functions, for example, strict rules, including checking bags and escorting students to their cars, are enforced to keep events alcohol-free. (Kent recalls fondly a student who expressed gratitude for the mindful measures: ÒWhat a mature response for a 17-year-old.Ó) For outside functions, the Lake HighlandsÕ junior highs and high school PTAs have collaborated on a pledge between students and parents that calls for careful monitoring of social gatherings outside of school, as well.
Other parents also praised the anti-drinking message sent by the schools, and said that message is supported by neighborhood families.
ÒWhat I really want to stress is how concerned are the parents of the community. It is not taken lightly,Ó says Donna Cherokee, who has one son attending LHHS and two who have graduated from there. ÒOur elementary, junior high and high schools do a good job of reaching the kids.
ÒOur hope is that the new laws will give us support we need.Ó
Drinking has become an issue for even younger kids, Chereck says, with the situation becoming especially difficult in high school: ÒThere is incredible peer pressure at the high school level. Unfortunately, thatÕs really important to them at this age.Ó
ÒIÕm not going to say my kids havenÕt ever participated . . . as parents we donÕt condone it and we certainly will not provide alcohol to our underage children and certainly wonÕt give it to others.Ó
Brenda Prine, mother of a LHHS senior and sophomore and Forest Meadow 7th-grader, says some neighborhood families have teamed up to regularly offer supervised parties on the weekends. The gatherings are well-attended and popular, she says.
ÒSee, a lot of problem is the kids have no place to go. ItÕs really a problem that starts in junior high,Ó she says. ÒThey want to socialize and be together.
ÒThis is a positive way to give them something to do instead of riding around and getting nuts and God knows what else.Ó
Senior Views
In speaking to a small group of LHHS seniors, some common points emerge: Alcohol is easy to come by for those who want it; drinking is becoming more common among junior high students; parties with drinking sometimes have a parental stamp of approval; pressure to drink is present, but in much more subtle fashion than the heavy-handed ÒWhat are you, chicken?Ó approach once popular in after-school specials.
Says one girl: ÒI donÕt think itÕs right when parents, like, hold the party. There was this one where the parents were there . . . it was strange.Ó
The group attitude toward the new laws seems mostly positive, although there is some skepticism: ÒIf someone really wants to drink it wonÕt stop them,Ó says one.
The seniors sharing their experiences say they are non-drinkers; when asked why they have made that choice, there is a brief pause.
ÒItÕs gross. ItÕs not appealing to me,Ó says one, a football player.
Says another: ÒI look at drinking as a weakness people have. They feel empty, or canÕt handle the peer pressure. They have a weakness in life they need to fill.Ó
The final remark: ÒFor me, itÕs just like I wasnÕt brought up that way.
ÒIf my parents caught me drinking, I donÕt know what they would do.Ó
Providing an Education
LHHS principal Bob Iden says Òwe do as many thing as we practically can to let students know to avoid alcohol.Ó Those activities include sponsorship of an active Students Against Drunk Driving chapter, and bringing in speakers from Mothers Against Drunk Driving and displaying the wrecked car from a drinking-related crash as part of a DonÕt Drink and Drive project before Homecoming.
Iden says the new laws Òhave certainly heightened the awareness of teen-agers. It got their attention.Ó He describes the response from parents as Òvery positive.Ó
Ò I think parents really appreciate anything we can do to answer to the health and well-being of their children,Ó he says. ÒI donÕt think there is widespread acceptance of teen-age alcohol abuse.
ÒI just know we have got to do this together. Parents have to work with us to have the efforts pay off.Ó
Laws such as these are not the whole answer, Iden says.
ÒUnfortunately, I think it has always been a presence,Ó he says. ÒI donÕt know if we can stop it altogether. Our major focus is to impress on kids not to get in cars.
ÒItÕs a complex problem that doesnÕt have a simple solution,Ó he says. ÒThe new law and its enforcement is certainly part of the solution.Ó
For box:
Lake Highlands Parent Pledge
The following pledge was created by the PTAs for Lake Highlands High School, Forest Meadow Junior High School and Lake Highlands Junior High School. The pledge is signed by both parents and children, and is renewed on a yearly basis. Parents have the option of being listed in the PTA directory as having signed this statement.
I will not allow parties in my home when I am not there. If a party is held in my home when I am not there, I will attempt to notify the parents of all children who attended the party. I will not serve nor will I allow youth under the legal drinking age to consume alcohol or other controlled substances in my home or on my property. If I am the host parent/guardian of a social gathering, I will: Call the parent/guardian of anyone possessing drugs or alcohol or who appears to be under the influence of an illegal substance. Set a definite starting and ending time for the event. I will inform my children that I have signed this statement, and I will discuss the contents with them.
For sidebar:
Senate Bill 35
Senate Bill 35 was created to reduce the problem of drinking by minors. This legislation went into effect Sept. 1, 1997 and makes it a Class C misdemeanor for a minor (under 21) to be under the influence of any detectable amount of alcohol.
Driving-Relation Violations
The new law includes provisions which will allow for the license suspension of a minor who drives with any detectable amount of alcohol in his/her system as follows:
60 days for the first offense
120 days for the second
180 days for the third and subsequent offenses
Criminal sanctions will consist of the following:
First offense: Class C misdemeanor and $500 fine, 20-40 hours of community service and mandatory alcohol awareness course.
Second offense: Class C misdemeanor and $500 fine, 40-60 hours of community service and mandatory alcohol awareness course.
Third offense: Class B misdemeanor and $500-$2,000 fine and/or up to six months in jail (no deferred adjudication).
Alcohol-Related Violations Other Than Driving
The following are additional violations of the Bill which are non-driving-related: minor in possession of alcohol; consumption of alcohol by a minor; attempt to purchase alcohol by a minor; actual purchase of alcohol by a minor; misrepresentation of age by a minor.
The minorÕs driverÕs license is automatically suspended for these offenses as follows:
30 days for the first offense;
60 days for the second offense;
180 days for third and subsequent offenses.
In addition, the following criminal sanctions are imposed:
First offense: Class C misdemeanor, up to $500 fine, 8-12 hours of community service and a mandatory alcohol awareness course.
Second offense: Class C misdemeanor, up to $500 fine, 20-40 hours of community service and an alcohol awareness course.
Third offense: Class B misdemeanor, $500-$2,000 fine, and/or six months in jail (no deferred adjudication).
