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90 days in jail?: First time MIP penalties ridiculous

BY THE MICHIGAN DAILY

Published September 26, 2001

For many underage drinkers, the most frightening retribution they face after being cited with a minor in possession of alcohol violation is the disappointment of their parents. However, if a bill presented to the Michigan State Legislature passes, anyone under the age of 21 caught drinking alcohol while could face serious jail time.

Under current laws, first, second and third-time offenders are burdened with community service, fines, court mandated alcohol treatment, screening or temporary suspension of their driver"s license. The introduced bill would amend the Liquor Control Code, adding the possibility of up to 90 days in jail for second and third-time MIP violators. First-time violators, if they fail to participate in treatment, screening or community service, can receive similar penalties.

College-age drinkers, who would otherwise get a slap on the wrist for something most European countries don"t have a problem with may soon face serious penalties. The most egregious fault in this bill is that a person who receives their first violation at the age of 15 and their second at the age of 20 could receive the same punishment as a 16 year-old who has been a repeat offender. It is clear that the 20 year-old has a better mentality to deal with drinking than a 16 year-old, though he would be penalized as much as the 16 year-old. Although the two cases may result in different sentences, it is clear that the 16 year old repeat offender should have more intervention than the 20 year old who is almost of legal age. Champions of this bill claim that it is not specifically targeting college students, but the majority of underage drinkers on campus could be directly effected.

Another problem with this bill concerns the severity of the sentence. Even though some underage drinkers may have a drinking problem, what they need is to be in school, not in the slammer. Spending 90 days behind bars is counterproductive and not at all appropriate for the crime, especially for someone barely able to drive. A more suitable intervention would be more stringent substance abuse counseling and other educational measures. The majority of substance abuse problems can be better and more cheaply treated from a public health standpoint than a law enforcement one.

The idea behind amending the current code is it could force people to think twice before sipping a beer or downing a rum and Coke. Realistically, this new law will not thwart underage drinkers it will force kids to become more careful about being caught.

As is, the bill, which has already passed the House, is stalled in the Senate Judiciary Committee and probably won"t be passed without revision. Next Tuesday, the Michigan Student Assembly will vote on this issue and is likely to approve an assembly resolution in opposition to the bill. This is a good measure to attempt to further stall the bill, as is writing letters to representatives in congress.

House Bill 4200 seems like another example of wasted tax money and careless government spending on a problem that will never really be completely resolved.


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