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Law deters students' attempts to get help

BY MARA GAY
Daily Staff Reporter
Published October 2, 2007

LSA freshman Terra Neukam does not want another minor in possession of alcohol citation. So when she drinks with her friends, someone throwing up isn't enough to risk calling an ambulance.

In the state of Michigan, police respond to every emergency call. That means getting your belligerent friend to the hospital can also bring an MIP right to your door.

Neukam is not alone. Dozens of other University students say fear of receiving an MIP would make them think twice before seeking medical attention for themselves or others. In Michigan, underage drinking is a misdemeanor and can carry steep penalties. A first-offense charge for an MIP includes a $400 fine, a day in court, and - if the student doesn't want a misdemeanor on his record - the completion of an alcohol-education course.

"The chance that I might really be OK would encourage me to hold out rather than get an MIP and a record," LSA freshman Elliott Darvish said.

But if a drunk minor gets taken to the hospital on his own, he probably won't face a ticket.

Dr. Jeffrey Desmond, the Emergency Medicine Service Chief at the University of Michigan Hospital, said that unless there is evidence of a violent crime, the University Hospital does not contact law officials when underage drinkers seek medical attention. "There's a common misperception among students that we call DPS and that students will get MIPs if they come to the hospital," Desmond said. "Our interest is in making sure that they're getting the help they need. We don't want to discourage someone from coming here."

Desmond would not comment on whether he believes the state's underage drinking policies deterred students from calling emergency services for help.

Neukam said that if someone really needed medical attention, she'd make the call. But she also said the situation would have to be serious.

"I think if it were really extreme and they needed help, I'd call," she said.

Police officers are required by state law to issue MIP citations to drinkers under the age of 21. In 2004 Gov. Jennifer Granholm signed a law that increased the penalties for underage drinking. It is advertised on the governor's website as one of the strongest in the nation.

According to Lt. Robert Neumann of the Department of Public Safety's criminal investigations unit, state law affords police officers very little discretion in the writing of MIPs.

"If an officer knows about a minor in possession the officer is obligated to act on it," Neumann said. "But when somebody is suffering from alcohol poisoning the focus shouldn't be on getting an MIP but on getting help for that person."

He also said he believes Ann Arbor courts are more likely to order treatment than punishment for students.

Lt. Jeffrey Nesmith of the Eastern Michigan University Police Department said that while officers do have some discretion in handling alcohol violations, the campus police push for strict enforcement.

"While it is possible that strict MIP laws could make a student less likely to seek medical attention, hopefully if someone needs help they're going to get it regardless," he said. Eastern Michigan University operates under the same alcohol laws as the University of Michigan.

Under state law, the body is considered a container of alcohol, so a minor is considered to be in possession of alcohol if he or she is drunk or has a blood alcohol content of .02 percent or higher.

Second offenders who have violated their probation can spend up to 30 days in jail. And no amnesty is offered to students seeking medical attention for themselves or others in the face of alcohol poisoning.

But at Northwestern University in Evanston, Ill., campus police said they have more flexibility in dealing with underage drinking.

Daniel McAleer, the Assistant Chief for University Police at Northwestern, said that students are not usually issued MIP citations simply for being drunk.

"That doesn't mean that there aren't disciplinary actions waged against you," McAleer said. At Northwestern, campus police are required to write up a report on minors who have been drinking alcohol, which they then send to Northwestern.

Among students there is confusion about how and when it is possible to get an MIP. LSA senior Tyler Fisher, who is 21, did not know the Department of Public Safety responds to emergency calls for ambulances and like many students, was unsure about whether MIPs could be issued to students at the University hospital.

"I was misinformed," Fisher said. "I think the law discourages underclassmen from seeking help. It needs changing, or it should at least be clear."

While few students understand every facet of the alcohol laws, all say they want to avoid the dreaded MIP.


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