Law tosses lifeline to underage drinkers

Friends of ill person will receive immunity if they call for help and remain at the scene

BY AMY ROSEN Staff Writer

The serious ramifications of the underage drinking problem that exists in New Jersey reach far and wide, ranging from inappropriate behavior that leads to trouble, and in some instances, to death.

A bill sponsored by state Assemblywoman Mary Pat Angelini (R-Monmouth) that was signed into law by Gov. Jon Corzine in October will attempt to alleviate the problem by taking a health and safety approach.

Known as Lifeline Legislation, the law ensures that a minor will not be prosecuted for underage drinking if he or she follows certain guidelines while seeking medical treatment for an underage individual who is intoxicated and in need of medical assistance.

In addition, the person who is in need of medical assistance will be immune from prosecution on charges related to the underage drinking.

The law is effective immediately and applies only to cases involving alcohol — illicit drug overdose is not covered.

Underage drinking or possession of alcohol on public property is a disorderly persons offense, punishable by up to six months in jail, a fine of $1,000, or both.

Municipalities are also permitted to adopt an ordinance relating to underage drinking or possession of alcohol on private property punishable by a $250 fine for a first offense and $350 for subsequent offenses. The court may also suspend a driver’s license for six months.

Under the Lifeline Legislation, if a person under the legal drinking age of 21 is suspected of alcohol poisoning and his or her underage friend(s) want to help him or her, they must call 911 for help and report that an underage person is in need of assistance due to alcohol consumption.

The person who makes the 911 call (and, if applicable, one or two other friends acting in concert with the caller) must then stay with the person who is in need of help. The caller(s) must provide their names to the 911 operator and then cooperate with medical and law enforcement personnel who respond to the scene.

Angelini said in a press release, “I am very pleased to hear that this bill was passed to encourage young people who are in these difficult situations to make the right choice to get help and save a life. Our first priority should be to prevent underage drinking from occurring in our communities. However, in the instance that adolescents do make the wrong decision, I am hopeful that removing the threat of prosecution will lead more young people to seek medical help for friends that have consumed dangerous levels of alcohol.”

Statistics from the U.S. Department of Health and Human Services as stated on the New Jersey Principals and Supervisors Association website indicate that each year approximately 5,000 young people under the age of 21 die as a result of underage drinking; more than from motor vehicle crashes (1,900 deaths), homicides (1,600) or suicides (300), as well as other injuries.

Lisa Harmon Mollicone, coordinator of the Manalapan-Englishtown Community Alliance for the Prevention of Alcohol and Drug Abuse, said, “I have been told that in New Jersey we have the youngest age that kids start to drink, 11 for males and 13 for females. They party together and die alone because other kids don’t stay around for fear of being prosecuted. This law creates opportunities for peers to save lives that are in danger. Friends can save lives.”

Although the Lifeline Legislation may help save lives in the most dire circumstances, preventing youngsters from ever getting to that point could help save even more lives from being destroyed, experts said, adding that a good place to start is at home.

It is a criminal offense in New Jersey to serve alcohol to anyone under the legal age of 21 and it is a criminal offense to make one’s home or property available for the purpose of allowing minors a place to consume alcohol.

Even with those laws in place, many parents believe teenagers are going to drink alcohol anyway, especially when they get to college, so they choose to provide alcohol to their children and their children’s friends in their home, claiming they can control the consumption and then have the young people “sleep it off” without driving home. Some parents may even join their underage children in drinking.

In an article in the October edition of Perspectives, a news journal that focuses on addiction research, advocacy and public policy issues, published by the National Council on Alcoholism and Drug Dependence, Joseph A. Califano Jr., National Center on Addiction and Substance Abuse (CASA) chairman and founder and former U.S. Secretary of Health, Education and Welfare, was quoted as saying,

“Some moms’ and dads’ behavior and attitudes make them parent enablers — parents who send their 12- to 17-yearolds a message that it is OK to smoke, drink, get drunk and use illegal drugs like marijuana. Teens’ behavior is strongly associated with their parents’ behavior and expectations, so parents who expect their children to drink and use drugs will have children who drink and use drugs.”

Califano was referring to a CASA survey that concluded teen drinking behavior is strongly associated with how teens believe their fathers feel about their drinking.

Compared to teens who believe their father is opposed to their drinking, teens who believe their father is OK with their drinking are 2.5 times likelier to get drunk in a typical month.

Mollicone provided a list titled “What You Can Lose Because of Booze” with the information for parents and teens. See above list. These sobering statistics show how alcohol affects the world of a child.