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Why do Americans feel the need to give underage drinkers a criminal record?

February 22nd, 2010 Leave a comment Go to comments

live in Canada, and among the aspect of the United States that I find very silly, there’s the 21-year-old drinking age and the ridiculous penalties for underage drinking. This is greatly undermining the opinion I have of the US.

In Canada, the drinking age is 19 in seven provinces and 18 in three. If someone is caught underage drinking, they are either handed a small fine or arrested and detained until the effect of alcohol is over, that’s all. Underage drinkers don’t lose their driver’s license and don’t get a criminal record that would haunt them for the rest of their life. Additionally, enforcement is much less strict, and police often don’t really care about underage drinking on private property.

I think that American policy of giving a criminal record to underage drinkers is unfair and exaggerated, as a criminal record permanently jeopardizes employment and emigration, and will get a person barred from entering Canada for 5 years. You want to visit Toronto, but four years ago you were caught drinking at the age of 20? Impossible, you’ll get arrested and deported at the border. The punishment doesn’t fit the "crime" at all.

In the state of New Mexico, it’s a FELONY to give alcohol to someone under 21, but only a MISDEMEANOR to drive drunk, even on the third offense. Any reasons for that?

Underage drinking and drunk driving are two entirely different things. I take drunk driving very seriously and I even think aggravated drunk driving (over .12) should be a felony.

Canada has a lower rate of car crashes and deaths and far less problems with alcohol use by young people.

What justifications do you Americans have for these criminal penalties for such a trivial "offense" as consuming alcohol under 21?
Just a little side note: unless you live in the state of Mississippi, people in the 18-20 age group are NOT "minors". The age of majority is 18 (19 for Alabama and Nebraska). You have to say "person under 21", "underage drinker" or "underager" as these people are NOT minors.
Sure Texas is one of the most lenient states relatively to under-21 drinking, I knew that alreay. However, Texas and Ohio are the only big states to allow parents to give alcohol to their children. In 20 states, including most of the large ones (California, New York, Florida, Michigan, Illinois, Arizona, North Carolina) it’s a criminal offense for a parent to serve any amount of alcohol to their children. Another oddity is in South Dakota, South Carolina and West Virginia, parents may serve alcohol to their children, but it’s still a criminal offense or the under-21 person to drink it.

My point is that any underage drinking related offense that does not involve driving should only be punished by civil penalties, not criminal ones.

I live in the US and completely agree with you. Raising the drinking age from 18 to 21 has had so many adverse effects on young adults drinking. This is because our politicians generally do not do what is good for the country anymore, they just do things that make them look good for the public. There is no justification for giving criminal penalties to a minor who went to a party and had a few drinks. We all have made mistakes as teenagers. However, I give them some credit because they have lightened up a little on the marijuana possession laws. Don’t get me wrong, I love this country, but things have been going crazy lately.

  1. Bear
    February 23rd, 2010 at 01:48 | #1

    I don’t know maybe because it is a CRIME.
    References :
    Bear

  2. grothman
    February 23rd, 2010 at 02:04 | #2

    The drinking age when I was 18 was ’18.’ To be fair, the number of people killed and maimed by drunk drivers across the country was intolerable. Most of these were people under 21undertakingct of anti drunk driving lobbyists like MAD(mother’s against drunk driving) have had a huge impact on the law. Raising public awareness and pressuring law makers the drunk driving laws became harder.
    Except for the driving laws, I am with you. If an American can fight and die at 17 in the armed services he/she should be able to have a beer or two—yes American goes gonzo over booze. Just the price of living here.
    References :

  3. Pat F
    February 23rd, 2010 at 02:49 | #3

    First, nobody in the USA gives a crap what you or any other Canuck thinks about us. Secondly, mind your own business. Third, I feel shooting Canucks is a trivial offense and wonder why I should be arrested were I to shoot one.

    But basically who cares what you think.

    FYI, you need to define who you are speaking about. You are an American because you live in North America. Somebody from Brazil is an American because they live in South America. Am I going too fast for you? Hey!
    References :

  4. <3;nia.
    February 23rd, 2010 at 02:57 | #4

    I would have to say the reason for all the rules in America is purely because they’re trying to make it a safe place. Isn’t it enough having all these idiot drug dealers and gang bangers? And anyway, they do not want to risk drinking and driving for the younger ones. I’m not for the law but i’m not against it either. Not everyone has good judgement when it comes to drinking and driving. Also, alcohol tends to lead to bad situations. (Murder, rape, etc.,)
    References :

  5. El Fisto
    February 23rd, 2010 at 03:38 | #5

    "This is greatly undermining the opinion I have of the US." I think you need to reevaluate your priorities if you think badly of the US because of our legal drinking age. There are far more important things to base an opinion on.

    You said they just give you a small fine for underage drinking, which I think is not enough to deter a person from going out and doing it again. That’s reckless. The idea of losing your license until you’re 21 makes a person think a lot more about whether or not they should drink. Canada may have a lower rate of car accidents, but you also have 10% the population of the United States… that means far more drivers on the road and far more opportunities for accidents.

    How do you know you have "far less problems with alcohol use by young people?" Where are the statistics to back up that claim? Since, according to you, underage drinking isn’t as punishable an offense in Canada, then there’s really no way to compare drinking related issues between the two countries.
    References :

  6. lil’ jimmy
    February 23rd, 2010 at 04:18 | #6

    dude you don’t know the half of what i live in this neighborhood:
    gangs
    sex
    drugs
    shootings
    lazy people who drop out of college
    but thats why there is a law and so it must be enforced.
    References :

  7. dabronxbomber
    February 23rd, 2010 at 04:50 | #7

    I live in the US and completely agree with you. Raising the drinking age from 18 to 21 has had so many adverse effects on young adults drinking. This is because our politicians generally do not do what is good for the country anymore, they just do things that make them look good for the public. There is no justification for giving criminal penalties to a minor who went to a party and had a few drinks. We all have made mistakes as teenagers. However, I give them some credit because they have lightened up a little on the marijuana possession laws. Don’t get me wrong, I love this country, but things have been going crazy lately.
    References :

  8. danika
    February 23rd, 2010 at 05:24 | #8

    The punishment for underage drinking depends on the state that you live in. In the state of Texas, a minor caught with alcohol, trying to purchase alcohol, drinking alcohol, or intoxicated is charged with a class C misdemeanor. A traffic ticket is also a class C misdemeanor…these are punishable only by fine and can be completely cleared from your record by taking an "alcohol awareness class" or doing a certain number of hours of community service. Sometimes doing this even negates the fine. In the state of Colorado, the first two offenses of possessing alcohol underage are punished by fine. The third offense is a class B misdemeanor. I am not sure about every state’s laws about underage drinking, but I am sure they do not differ too drastically. I believe the penalty also depends on how you are caught–public intoxication, disorderly conduct, DWI, trying to purchase alcohol, and simply having alcohol are all treated differently. In addition, like Colorado, most states have increasing penalties with each offense.

    However, the penalties for possessing a fake ID is a class B misdemeanor and can result in jail time. This is not the same thing as underage drinking, although fake IDs are obviously used by minors to purchase alcohol and in that case the minor would be charged for having a fake ID in addition to attempting to buy alcohol.

    The penalties for supplying alcohol to a minor are much greater than underage drinking penalties. Also (at least in Texas, but most likely other states as well), it is legal for a minor to drink if they are in the presence and have the consent of their spouse, legal guardian, or parent.

    Maybe you knew all this, but it sounds like you have it greatly exaggerated.

    As for New Mexico…that’s New Mexico. It is a felony in many states on the second offense, some it’s the third.

    It is also possible in many cases for a minor in the armed forces to purchase alcohol with a military ID. The drinking age was raised from 18 a relatively short time ago because politicians do what the public wants so they can keep their high ranking status and there was an uproar among older people who felt that young people drinking was some kind of catastrophe. The justification for the criminal penalties is that it is a crime.

    While I don’t agree with the drinking age, I find it "silly" to condemn a nation simply for their underage drinking laws. It’s a bit petty. I don’t think Germans are losing respect for Canada over your drinking laws, and they are for more lenient there with drinking than both Canada and the US.
    References :

  9. tallerfella
    February 23rd, 2010 at 06:04 | #9

    Let me think…………….Oh yeah, they get a fine because it’s AGAINST THE LAW.

    As to your statement about a lower rate of vehicle accidents………..Well let me see, weather in Canada precludes folks from being out on the roads. Population is much, MUCH less in Canada than the US, which equals fewer accidents. I’m thinking California alone has just as many vehicles as Canada.

    As far as trivial…………….ever see a victim of a drunk driving accident.

    Do us a favor, Stay in Canada
    References :

  10. r_foye
    February 23rd, 2010 at 06:17 | #10

    I love it that some pussy from Canada is criticizing American laws…Could your second rate county even fight a war if they had to? Oh wait, they would come crawling to the United States asking to save their sorry asses..
    References :
    20 years law enforcement

  11. Canuck
    March 9th, 2010 at 20:02 | #11

    I do not necessarily agree with the article, but like any empire during history (don’t expect Americans to know this), America’s good days are over. It’s down the slope now, as anyone with common sense can see.
    So let us smoke whatever we are smoking, because by the time this nation will wake up (as this will ever happen), our children will probably be in Canada.
    Fellow Americans, we need to thank people like Pat F for this (wonder what F stands for).

  12. Kelly
    March 31st, 2011 at 14:27 | #12

    In reality everybody has or does underage drink. I’m a college student and of course i drink, most do I know first hand. I am also 100 percent against drunk driving but that’s not the topic at hand. The laws are ridiculous. It’s the unlucky ones that get caught and have to pay hundreds of dollars to people who are simply ruining my opportunity of getting the job I aspire while going to college full-time and and working 18 hours a week. I feel robbed of course I want to have a drink or two and relax on the weekend when I study, go to class, workout, and babysit all week. I believe I deserve it and when I so drink I do not put myself or others in danger?? Something has to give even if I am turning 21 soon enough I feel bad for the younger lids that will have to go through what I did. It’s an awful feeling and than haunts you when your citation comes reading 440 dollars. I think tats a months pay check for me! I hate cops, they should go find the drunk drivers who could kill innocent people on the road instead of teenagers just trying to have a little fun after a long week…..

  13. Kelly
    March 31st, 2011 at 14:27 | #13

    In reality everybody has or does underage drink. I\’m a college student and of course i drink, most do I know first hand. I am also 100 percent against drunk driving but that\’s not the topic at hand. The laws are ridiculous. It\’s the unlucky ones that get caught and have to pay hundreds of dollars to people who are simply ruining my opportunity of getting the job I aspire while going to college full-time and and working 18 hours a week. I feel robbed of course I want to have a drink or two and relax on the weekend when I study, go to class, workout, and babysit all week. I believe I deserve it and when I so drink I do not put myself or others in danger?? Something has to give even if I am turning 21 soon enough I feel bad for the younger lids that will have to go through what I did. It\’s an awful feeling and than haunts you when your citation comes reading 440 dollars. I think tats a months pay check for me! I hate cops, they should go find the drunk drivers who could kill innocent people on the road instead of teenagers just trying to have a little fun after a long week…..

  14. Kelly
    March 31st, 2011 at 14:28 | #14

    In reality everybody has or does underage drink. I\\\’m a college student and of course i drink, most do I know first hand. I am also 100 percent against drunk driving but that\\\’s not the topic at hand. The laws are ridiculous. It\\\’s the unlucky ones that get caught and have to pay hundreds of dollars to people who are simply ruining my opportunity of getting the job I aspire while going to college full-time and and working 18 hours a week. I feel robbed of course I want to have a drink or two and relax on the weekend when I study, go to class, workout, and babysit all week. I believe I deserve it and when I so drink I do not put myself or others in danger?? Something has to give even if I am turning 21 soon enough I feel bad for the younger lids that will have to go through what I did. It\\\’s an awful feeling and than haunts you when your citation comes reading 440 dollars. I think tats a months pay check for me! I hate cops, they should go find the drunk drivers who could kill innocent people on the road instead of teenagers just trying to have a little fun after a long week…..

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