Using Enforcement to Reduce Underage Drinking Michael Sparks Alcohol Policy Specialist Michael@sparksInitiatives.com Please answer, in the chat box: 1) What campus are you from? 2) What is your role in prevention? 3) Do you work with a coalition? Today’s Discussion Public Health Model of Prevention Laws as one type of environmental prevention Logic Model of Community Influences of Underage Drinking The role of law enforcement in reducing underage drinking How familiar are you with environmental approaches/strategies? A. Very familiar B. Kind of familiar C. Not familiar Public Health Model Individual Alcohol Environment Alcohol-Related Problems 6 What works: Reviews of the U.S. and global research literature CDC Guide to Community Preventive Services Policy Approaches to Prevention Formal legal and regulatory mechanisms, rules, and procedures for reducing risky behaviors (e.g., the consumption of alcohol or risky drinking behaviors) Implementation and enforcement of these measures Grube & Nygaard, 2001; Toomey & Wagenaar, 1999 Targets the social, physical or public environment where sales/use occurs Views alcohol and other drug problems not just as individual addiction, but rather as the collective reflection of community norms and practices Targets are policy makers and others with authority to change environments Seeks to change physical, legal, economic & social processes of communities 9 The Role of Laws in Environmental Prevention Purpose of Enforcement of Alcohol Policies Decrease availability of alcohol by increasing economic costs and opportunity costs Deter drinking, heavy drinking, or drinking-related problem behaviors Moderate relations between drinking and problem outcomes Community Norms Laws Focus on Enforcement Itself Discussion Questions • What are the conditions in your community that require some sort of enforcement action? Levels of Enforcement Institutional – Home – School Community – Neighborhood – City – County Society – State – Federal – Parent – Teacher/Administrator – Association/Watch – Police – Sheriff – ABC, DPS – ATF, TTB Levels of Enforcement Institutional – Home – School Community – Neighborhood – City – County Society – State – Federal – Parent – Teacher/Administrator – Association/Watch – Police – Sheriff – ABC – ATF, TTB Arrest Rate Only 2 of every 1000 occasions of underage drinking result in arrest Source: Wagenaar & Wolfson, 1994 Action Against Outlets Only 5 of every 100,000 occasions of underage drinking result in action against outlet. Source: Wagenaar & Wolfson, 1994 Deterrence Theory Legal threat of punishment encourages or prevents behavior Punishment must be: – Certain – Swift – Severe General and specific deterrence Laws are effective when they are perceived as… Legitimate Practical Effective Proportional to the problem The Role of Coalitions in Promoting Effective Enforcement Key Coalition Functions: Include enforcement agency in all deliberations regarding enforcement of policy at the start of the policy process Build strong organizational and personal relationships with key enforcement personnel Identify shared self-interest associated with enforcement Take responsibility for making the case to the community for the importance of enforcement Creatively collaborate to address enforcement’s financial constraints associated with implementation Use the media to publically support enforcement activities and give credit to enforcement agency when they are carried out Can you please type into your chat box examples of enforcement strategies you have implemented. A Logic Model for Reducing Underage Drinking….. The Role of Enforcement in Impacting Alcohol-Related Problems Underage Drinking: Basic Research Evidence: Population Prevention Effects Strong Moderate Low (target group only) None (no target or population) Visible Enforcement Underage Drinking Laws Retail Availability of Alcohol to Youth Price Social Availability of Alcohol to Youth Alcohol-Related Problems (Traffic crashes, Injuries, School performance. Unsafe sex, Violence, etc.) Underage Drinking Drinking Beliefs Community Norms About Youth Drinking Family, School, and Peer Influence Drinking Context Alcohol Promotion (Advertising, Point of Sale Promotion , Sponsorship of Community Events) Holder/Saltz: Pacific Institute for Research and Evaluation Underage Drinking: Evidence-based Theory of Change Retailer Training & rewards Compliance checks, citations, license loss Underage drinking laws Visible enforcement Party patrol, Shoulder taps, Beer keg registration Local alcohol policy Community norms about youth drinking Media advocacy Retail Sale of alcohol to youth Social availability of alcohol to youth (parties, peers, families) Underage Drinking Family, School, & Peer Influence Legal risks for providing alcohol to underage Does Enforcement Work? Minimum Legal Drinking Age James Fell et al. The Impact of Underage Drinking Laws on Alcohol-Related Fatal Crashes of Young Drivers Alcohol Clin Exp Res, 2009 Methods – Analysis of the Fatality Analysis Reporting System from 1982-2004 – Examined the effects of the minimum legal drinking age of 21 on the ratio of drinking to non-drinking drivers under age 21 in fatal crashes – Controlled for: – – – – – – – – – – – – – – Zero Tolerance Laws Graduated License Night Restrictions Use/Lose laws Administrative License Revocation .10, .08 BAC per se Mandatory seat belt laws Per capita beer consumption Unemployment rate Vehicle miles traveled Frequency of sobriety checkpoints Number of licensed drivers Ratio of drinking to non-drinking drivers Age 26+ in fatal crashes Ratio of drinking to non-drinking drivers age 26+ in fatal crashes Fell et al., Alcohol Clin Exp Res, 2009 (cont) Results – Minimum legal drinking age was independently associated with a 16% decline in the ratio of drinking to non-drinking drivers in fatal crashes under age 21 – Other laws that independently predicted lower involvement of drinking drivers under age 21 in fatal crashes: Use/Lose laws ↓5% Zero tolerance laws ↓5% 0.08% BAC limit ↓ 8% 0.10% BAC limit ↓ 7% Administrative license ↓ 5% revocation (ALR) – Seat belt laws ↓ 3% – – – – – Fell et al., Alcohol Clin Exp Res, 2009 (cont) Conclusions – Minimum legal drinking age of 21 reduced involvement of drinking drivers under 21 in fatal crashes (16%) – Zero tolerance laws and Use/Lose laws targeted drivers under 21 also produced reductions – Laws targeting drinking drivers of all ages also reduced involvement of drinking drivers under 21 in fatal crashes (0.08% and .10% BAC limits, ALR, seat belt laws) … but there’s more than just minimum legal drinking age laws! DUI Enforcement General vs specific enforcement Sobriety checkpoints Saturation patrols Revocation/suspension Ignition interlock Last drink Check-in programs Sobriety Checkpoints Restrict traffic flow in a designated area and check drivers for signs of impairment Primarily general deterrence – increase perceived risk High visibility – media coverage Random breath test vs selective Blitz vs regular Shults, Elder, Sleet et al (2001) – Review studies from 1980-2000 – 12 RBT studies: average 18% decrease across outcomes – 11 SBT studies: average 20% decrease across outcomes Recently updated previous checkpoint review Added 15 studies from 2000-2012 – 10 studies examined alcohol-involved fatal crashes -> 8.9% decrease – Other 5 studies found decreases in: % drivers above .08 (28-64%) alcohol-involved fatalities/VMT (4.6%) alcohol-involved collisions (19%) nighttime crashes (22%) Task Force Finding “The Community Preventive Services Task Force recommends publicized sobriety checkpoint programs based on strong evidence of effectiveness in reducing alcohol-impaired driving.” DUI Checkpoints Key Resource: http://www.nhtsa.gov/people/injury/alcohol/saturation_patrols/SatPats2002.pdf Common Challenges 1. 2. 3. 4. 5. Generating community/political will Finding overtime dollars for police Ensuring training on checkpoint best-practices Supporting development of materials for dissemination at checkpoint Ensuring visibility -- using media to publicize checkpoints before and after event Upstream DUI Enforcement It is too late once an intoxicated individual gets behind the wheel It is difficult to identify and apprehend intoxicated drivers – It has been estimated that less than 1/1000 DUI trips results in an arrest (Miller, Spicer, Levy, & Lestina, 1998) Car crashes are but one of the many negative health consequences associated with intoxication Focusing exclusively on DUI enforcement may send the message that, as long as someone is not driving, it is OK to get intoxicated Have your coalition/group participated in sobriety checkpoints? Yes No Underage Compliance Checks Sting or Decoy buys Police hire an underage (<21 years old) individual to attempt to purchase alcohol If an illegal sale is made, citation issued to either the seller or the establishment Penalty may vary from warning to a fine to a liquor license suspension/revocation (usually depending on previous citations) Compliance Check Effectiveness Growing research literature that compliance checks are effective CDC conducted a review of studies that examined ‘enhanced enforcement’ – programs that increased or intended to increase frequency of compliance checks 8 studies from 1994-2005 – all 8 studies examined sales to a decoy average 42% reduction – 3 studies examined alcohol consumption 20% reduction 2-7% reduction 4-6% relative decrease Compliance Check Effectiveness Task Force Finding “The Community Preventive Services Task Force recommends enhanced enforcement of laws prohibiting sale of alcohol to minors, on the basis of sufficient evidence of effectiveness in limiting underage alcohol purchases. Further research will be required to assess the degree to which these changes in retailer behavior affect underage drinking.” source: Elder, Lawrence, Janes, et al. (2007). Enhanced enforcement of laws prohibiting sale of alcohol to minors: systematic review of effectiveness for reducing sales and underage drinking. Transportation Research E-Circular 2007;Issue E-C123:181-8. Compliance Checks Key Resource: http://www.udetc.org/aps/ComplianceChkDB.htm Common Challenges 1. 2. 3. 4. 5. Generating community/political support Generating police support Finding overtime dollars for police Convincing state Liquor Control to partner Building support for prosecuting violators Has your coalition/group supported or sponsored compliance check? Yes No Party Patrols/Social Host Laws Party Patrols/Social Host Laws Problem Setting: Residential Parties Son held drunken party for 600 friends after banishing parents to bedroom of their multi-million-dollar mansion By Mail Foreign Service UPDATED: 20:55 EST, 14 October 2010 Intent of Social Host Policies • Change community CULTURE and CONDITIONS • Change the FOCUS from underage drinker to provider/enabler • Decrease PROVISION • Decrease furnishing alcohol to an underage person • Change CONTEXT and SETTING • Deter underage drinking parties Social Host: the Evidence Viewed as a useful tool by law enforcement officers (Oceanside, CA and Vista, CA—see Evalcorp, 2009a) May result in changes in youth norms related to the riskiness of drinking (Long Beach City, NY—unpublished data) May result in fewer calls for service, either overall, or related to disturbances. For example, Petaluma, CA had 9.3% fewer calls for service related to disturbances from the year prior to passage (2006) to the second year after passage (2009) (Petaluma, CA—unpublished data). San Diego County had 8% fewer disturbance calls from the year preceding passage (2002) to the year following passage (2004) of its SHO (UDETC, 2003) Party Patrols Enforcement strategy that targeting community high priority underage drinking party areas. – arranged to both deter parties (through LE visibility) and find and address parties that are going on (through LE action). Law enforcement reports that party patrols can be effective deterrents if there are existing laws on the books that hold adults or other responsible parties accountable for underage drinking parties in homes. Party Dispersal An ongoing party is often difficult for officers to “break it up” with maximum impact on deterring underage parties from happening in the future and preventing teens from fleeing the scene. Party dispersal training gives officers departments a strong foundation systematically address parties and underage drinkers and providers responsible. and to hold Landlord Lease Agreements Language that landlords include in leases that prohibit underage parties from occurring. – There are often fines and penalties that escalate to eviction. Can effectively reduce the number of rental properties in which loud and unruly parties occur; if, strongly enforced and adopted by all/most landlords. Party Patrols/Social Host Laws Key Resource: http://www.udetc.org/documents/Party_Patrol_Guidebook.pdf http://venturacountylimits.org.s94613.gridserver.com/resource_documents/ model_sho_fnl_nashville.pdf Common Challenges 1. 2. 3. 4. 5. 6. Identifying/adopting policy to enforce Generating community/political support for policy Generating police support to use resources Finding overtime dollars for police Training law enforcement to use enforcement techniques Building support for prosecuting violators Has your coalition/group supported or sponsored party patrols? Yes No Has your coalition/group supported or sponsored the adoption of a social host ordinance? Yes No Three Enforcement Strategies Frequently Used By Coalitions 1. 2. 3. Compliance checks for sales to minors at offpremise outlets Party patrols/social host laws DUI checkpoints Which of these strategies are you most interested in considering? A. DUI Checkpoints B. Party Patrols C. Social Host Laws D. Compliance Checks E. Landlord Lease Agreements WHY????? Questions About Enforcement Strategies to Reduce Alcohol Related Problems? Safer California Universities Project Goal: To evaluate the efficacy of a “Risk Management” approach to alcohol problem prevention NIAAA grant #R01 AA12516 with support from CSAP/SAMHSA. Bob Saltz: PRC Prevention Research Center Integrated Intervention Strategies for Off-Campus Parties Compliance Checks DUI Check Points Party Patrols Pass Social Host “Response Cost” Ordinance A Social Host Safe Party Campaign Practical Significance At each campus, 900 fewer students drinking to intoxication at off-campus parties and 600 fewer getting drunk at bars/restaurants during the fall semester at intervention schools relative to controls. Equivalent to 6,000 fewer incidents of intoxication at off-campus parties and 4,000 fewer incidents at bars & restaurants during the fall semester at Safer intervention schools relative to controls In addition… No Displacement So…What are the Implications for Your Coalition? Thank You!