OPINION:
The new Virginia law to stiffen penalties for those under 21 caught driving under the influence, as reported on June 22 by Washington Times’ Amanda McClure, is a necessary step by state lawmakers, but illustrates two larger problems within the state’s alcohol jurisdiction.
First, the state’s monopoly on hard alcohol sales isn’t necessarily living up to its intention of enhancing community safety when an increasing number of “Baby DUI’s” is leading lawmakers to seek harsher penalties.
Virginia was the first state to hold a retail monopoly on hard alcohol sales according to a report by Dr. David Hanson of Potsdam University. “Following the repeal of a national prohibition in 1933, some states decided to continue their own prohibition against the production, distribution and sale of alcohol within their borders.” In 1934 the Commonwealth established the Virginia Department of Alcoholic Beverage Control that combined with other state monopolies to establish the National Alcoholic Beverage Control Association in 1938.
Virginia law currently stipulates that all liquor stores be run by the state, although beer and wine can be sold in supermarkets. Despite the state’s hopes of promoting responsible distribution of alcoholic beverages by licensees, responsible consumption by those of legal age and zero tolerance for underage consumption, alcohol is still too accessible to young people.
Just look at the statistics. In a 2004 National Survey on Drug Use and Health, 29 percent of Virginians age 12 to 20 reported using alcohol in the past month. Among youth 15 to 20, years of age, 63 were killed and 419 injured in alcohol-related crashes in Virginia in 2004, according to the Substance Abuse Services Council. The same study revealed that over 1,300 young people were “ticketed” for impaired driving - when in actuality they should have been arrested.
Secondly, as of July 1, underage drinking and driving, which previously had more lenient consequences than those for charges of underage alcohol possession, is now considered a Class 1 misdemeanor offense. If one is found guilty, the consequences are equal to penalties for underage possession. Conviction can result in a mandatory 12 month license suspension, up to 12 months in jail and a maximum $2,500 fine or 50 hours of community service. Increasing the penalty of “Baby DUI’s” was a positive step, but Virginia lawmakers are sending the wrong message by making the punishment for operating a vehicle while impaired equal to that of underage possession.
Further introspection of Virginia’s jurisdiction of alcohol sales is necessary. In order for the state to claim monopolization of alcohol sales, its intent must not simply be profit. If Virginia wishes to control alcohol distribution, it must also work to prevent the upsurge in underage possession and alcohol-related fatalities.
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