Running head: THE NATIONAL MINIMUM DRINKING AGE OF 21
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Creating an Unsafe Nation through Age Discrimination:
The National Minimum Drinking Age of 21
Steven L. Davis
The Pennsylvania State University
Author Note:
Steven L. Davis, College of Engineering Student, The Pennsylvania State University
This paper was completed for the Communication Arts and Sciences (CAS) 138T
course, Section 009, under the instruction of Dr. Christian Spielvogel.
Contact: [email protected]
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Creating an Unsafe Nation through Age Discrimination:
The National Minimum Drinking Age of 21
The purpose of a law is to set boundaries. Laws define what is and what is not
acceptable in our society: what is right and what is wrong. The most important laws protect the
rights of citizens and ensure equality, safety, and freedom in our great nation.
Changing times require changing laws, changing expectations. Next month, Governor
Tom Wolf will likely sign into law the ability for patients to utilize medical marijuana for chronic
pain.1 Last year, the supreme court set the precedent allowing gay marriage, an important step
to ensuring equality for every American.2
It is no secret that change often occurs slower than it ought to. Unfortunately, this delay
in governmental policy can lead to situations where current laws directly go against the values
we uphold as citizens of the United States of America. Out of date laws prohibit equality,
prohibit safety, and prohibit freedom: the values which we claim to be so proud to uphold and
defend.
The National Minimum Drinking Age Act of 1984 is one of such laws, one that directly
creates inequality, one that undermines public safety, and one that limits our freedoms. Such
discriminatory and problematic laws should not be allowed to persist, and as such, urgent action
should be taken to reduce the legal drinking age to 18 or to implement programs that safely
allow alcohol access to all legal adults.
Ethically, it is unjust to extend limitations on citizens beyond the legal age of
adulthood. Citizens at this age have the responsibility to make decisions for themselves and as
such should have the right to purchase and consume alcoholic beverages as they deem
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fit. Further, the broken system of enforcing this unjust law leads to medical consequences that
are simply not justifiable by a legal drinking age five years and 25% higher than most of the
world’s nations. Studies have concretely shown that the United States’ elevated minimum legal
drinking age leads to an increase in unsafe behavior. Similarly, one of the greatest problems
associated with the consumption of alcohol is driving under the influence. Fewer DUI accidents
occur in countries with lower minimum legal drinking ages. This is not a coincidence. The
current ineffective and unethical system needs to be changed; each day that it is not, our nation
is negatively impacted.
“Underage” drinking is a practice that has been outlawed and stigmatized for too
long. Now is the time to take action to improve the equality, safety, and freedom of United
States citizens and make changes to the minimum legal drinking age.
The National Minimum Legal Drinking Age
The National Minimum Legal Drinking Age Act was signed into law in 1984 as an
amendment to the Surface Transportation Assistance Act of 1982.3 It federally requires all states
to enact and enforce a 21-year-old minimum drinking age for the purchase and possession of
alcoholic beverages. States failing to meet this mandate would lose 10% of their federal-aid
highway budget.4 This makes it nearly impossible for individual states to not enforce such a law.
Beforehand, in the 1960s and 1970s, many states lowered their minimum legal drinking
ages (MLDAs) to 18 or 19 in response to the legal voting age being lowered to 18.5 However,
after research evidence at the time attributed this change to an increase in traffic crashes among
18-20 year olds, states began to change their MLDAs to 21 and the federal government
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nationalized this notion with the National Minimum Legal Drinking Age Act of 1984.6 Whether or
not the motives for this law were fitting at the time is in the past. Today, these restrictions are
out of date and need to be reconsidered.
The United States boasts the oldest drinking age on our planet, excluding the sixteen
Muslim nations where alcohol is illegal at any age as determined by Sharia law.7 In Iran,
consumption of alcohol warrants a punishment of 80 lashes. A death sentence is often given to
those who acquire a third offence.8 Most nations, however, are not this strict. Only eleven
countries share an MLDA of 21 with the United States. 162 nations set their limits at age 19 or
below.9
Figure 1: The Minimum Legal Drinking Age in 190 Countries10
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It has been over thirty years since the MLDA of the United States was nationalized to 21
years old. For many reasons, this law is out of date and should be reconsidered.
Ethical Considerations
To begin, the MLDA of 21 raises ethical concerns, as it curtails the legal age of adulthood
in the United States. The concept of legal adulthood is defined as “a person who by virtue of
attaining a certain age… is regarded in the eyes of the law as being able to manage his or her
own affairs.”11 The MLDA requirement, however, directly undermines the responsibility
expected of United States adults. U.S. adults may freely purchase guns, enter into binding
contracts, enlist in the military and fight overseas, and provide legal judgement by serving on a
jury.12 These are just a few of the rights and responsibilities of legal adults. Despite these
serious responsibilities, legal adults aged 18 to 20 may not purchase or consume alcohol. These
citizens deserve the right to make decisions for themselves, and are able to face the
consequences of any related behavior.
Furthermore, the MLDA of 21 creates disrespect for the law and prompts young
Americans to make unnecessary ethical compromises.13 For example, in order for teenagers to
partake in the normal social activity of drinking, they are forced to purchase fake I.D.s or
pressure older people to break the law for them. These practices are not ones that should be
encouraged by the government. Enforcing a law that is clearly unjust promotes a general disdain
and lack of respect for rules with purpose.14 An unnecessarily high MLDA forces young people to
commit additional unlawful behaviors in order to participate in what is a normal aspect of both a
global and national social scene.
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Unsafe Behavior
The MLDA of 21 also promotes unsafe behavior, most notably binge drinking. John M.
McCardell, the president emeritus of Middlebury College stated, "The principal problem of 2009
is not drunken driving. The principal problem of 2009 is clandestine binge drinking."15 Because
young people cannot legally purchase or consume alcohol, it is common practice to binge
drink. When young people do choose to drink, they drink to get drunk.16 This practice is
incredibly unsafe, and unfortunately, it is on the rise despite a minimum legal drinking age
law. Since 1979, levels of binge drinking among college aged males has remained relatively the
same, however, it has increased by 20% for non-college women and 40% for college women,
according to a Journal of the American Academy of Child and Adolescent Psychiatry study.17
Unfortunately, over 5,000 lives of those under 21 are lost each year to alcohol related deaths,
the majority of which are off of the roadways.18
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Figure Two: This Center for Disease Control Infographic clearly
outlines the correlation between age and binge drinking behavior.19
Additionally, an elevated drinking age takes away the ability for parents and school
districts to properly teach alcohol education and forces young people to drink in unregulated
environments.20 Most illegal drinking takes place in secret, often in unsafe areas like the woods,
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crowded basements, or fraternity houses. Allowing young people the ability to drink in safer
environments like the comfort of their own home (perhaps supervised by parents) or licensed
bars would help to curb unsafe behavior. Similarly, allowing young people to consume alcohol at
an earlier age would let parents teach moderation and safe drinking habits directly to their
children.
The current drinking laws do not promote less drinking, rather, they encourage abnormal
and dangerous consumption. Some young people drink for the thrill of drinking or simply to get
drunk, as they were not taught safe behavior and are forced into unregulated environments. A
study in the Journal of the American Medical Association announced that "despite efforts at
prevention, the prevalence of binge drinking among college students is continuing to rise, and so
are the harms associated with it."21 This needs to change.
DUIs
Incidence of drunk driving has decreased since the enactment of the MLDA Act of
1984. However, this information is misleading, as these rates have decreased across all age
groups and across the world. Dr. Morris E. Chafetz, the founder of the National Institute for
Alcoholism and Alcohol Abuse claims, “Drunk driving fatalities are lower now than they were in
1982. But they are lower in all age groups. And they have declined just as much in Canada,
where the age is 18 or 19, as they have in the United States.”22
Additionally, more modern studies have shown that the largest proportion of drunk
driving traffic accidents are caused by newly-legal drivers, regardless of age. In the United
States, this group is aged 21 to 24. A study by Thomas Dee and William Evans suggests that any
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increase in accidents caused by younger drivers (18-20) will be offset by safer drivers in the older
age group (21-24).23
As mentioned, drunk driving rates have been decreasing globally. However, accidents
and fatalities have actually been decreasing more quickly in European nations with lower
drinking ages than they have been in America.24 While other variables could be at play, this is
clear support of the fact that the MLDA is not profoundly making the United States a safer place.
Technology, education, and advocacy have all decreased the number of accidents and
fatalities caused by drunk drivers. Nonetheless, the greatest number of deaths occurs at age 21,
followed by ages 22 and 23, all outside the legal limit.25 The MLDA is not effective in reducing
drunk driving accidents and fatalities. The risks do not outweigh the benefits.
Policy Recommendation
Clearly, the benefits and consequences of the Minimum Legal Drinking Age Act of 1984
need to be reconsidered. There are many progressive steps that could be taken to restore the
freedom and equality taken from young adults.
Most drastically, but perhaps the most intuitive solution would be to completely repeal
the current legislation. Establishing a minimum age to purchase and consume alcohol could be
determined at a state level, or it could be set federally to the age of 18, in accordance with most
of the world. A complete repeal and transition to a MLDA of 18 would restore liberty to young
Americans and promote safer drinking habits.
A more indirect, slow reversion approach could also be taken. The federal government
could make exceptions to the MLDA Act of 1984 for states who implemented appropriate
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education programs to prevent unsafe behavior. This would allow states to lower their drinking
ages while still promoting the safety and well-being of their residents. As a corollary, states
could enact zero tolerance policies for under-21 DUIs or reckless behavior, inflicting large fines
and educational penalties to deter young, drunk drivers from stepping behind the wheel. Such a
policy would still uphold the purpose of the National Minimum Legal Drinking Age Act of 1984 to
deter drunk drivers, but would not curb the freedoms of those who choose to use alcohol safely.
States could also raise taxes on alcohol to deter binge-drinkers, which would reduce the amount
of unsafe behavior connected to easier access to alcohol.
Similarly, another proposed solution could be to provide licenses for those in the age
group 18-21 to purchase alcohol. Although this solution still distorts the meaning of adulthood,
these licenses could be earned by completing proper alcohol and driver education
courses. These licenses would also come with a zero-tolerance policy. Any incidence of DUI,
disruptive behavior, or providing alcohol to true minors would result in the suspension of this
privilege until the age of 21. This would allow for the distribution of alcohol in a more regulated
and safe manner.
Some change urgently needs to be made in order to stop the unjust discrimination
brought upon those aged 18-20. A full national repeal, exemptions to qualifying states, or a
licensure policy would all restore the integrity of adulthood in our nation to some degree while
reducing the unsafe practices brought on by alcohol consumption.
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Conclusion
It is without a doubt that the United States is behind the rest of the world when it comes
to the minimum legal age to purchase and consume alcohol. Current laws estrange the meaning
of legal adulthood and promote disdain for the law. The MLDA of 21 promotes unsafe drinking
behaviors and puts drinkers and others at risk for harm. Furthermore, the benefits of a MLDA of
21 in terms of drunk driving are not what they used to be. Decreases in drunk driving can be
attributed to other causes, as rates have dropped globally and across all age groups, with
European, low-age nations observing even quicker decreases. Our government officials need to
reconsider ancient legislation and enact more common-sense policies to restore equality, safety,
and freedom to their citizens.
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Endnotes
1. Levy, M. (2016, April 12). Medical marijuana bill clears Pennsylvania Senate again. Retrieved
April 12, 2016, from http://finance.yahoo.com/news/medical-marijuana-bill-clearspennsylvania-225914141.html
2. Liptak, A. (2015, June 26). Supreme Court Ruling Makes Same-Sex Marriage a Right
Nationwide. Retrieved April 8, 2016, from
http://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html
3. Weimer, D. R. (1985). Legal analysis of questions regarding the national minimum drinking
age (United States of America, American Law Division). Washington, D.C.: Congressional
Research Service, Library of Congress.
4. Ibid.
5. Toomey, T. L., Nelson, T. F., & Lenk, K. M. (2009). The age-21 minimum legal drinking age: A
case study linking past and current debates. Addiction, 104(12), 1958-1965. Retrieved April 3,
2016.
6. Ibid.
7. Minimum Legal Drinking Age (MLDA) in 190 Countries. (2016, March 10). Retrieved April 04,
2016, from http://drinkingage.procon.org/view.resource.php?resourceID=004294
8. Fisher, M. (2012, June 28). Forbidden Drink: Why Alcoholism Is Soaring in Officially BoozeFree Iran. Retrieved April 04, 2016, from
http://www.theatlantic.com/international/archive/2012/06/forbidden-drink-why-alcoholismis-soaring-in-officially-booze-free-iran/259120/
9. Minimum Legal Drinking Age (MLDA) in 190 Countries. (2016, March 10).
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10. Ibid.
11. Adult. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved April 3, 2016
from http://legal-dictionary.thefreedictionary.com/adult
12. ABRIDGEMENT OF THE AGE OF MAJORITY. (n.d.). Retrieved April 3, 2016, from
http://www.chooseresponsibility.org/article/view/15538/1/2642/
13. Robinson, J. A. (2008, August 26). CommentariesLower the Drinking Age. Retrieved April 12,
2016, from http://www.popecenter.org/commentaries/article.html?id=2053
14. Ibid.
15. McCardell, J. M. (2011). The Drinking Age Should Be Lowered. Opposing VIewpoints.
Retrieved April 3, 2016.
16. Nugent, S. G. (2015, February 10). Raising the Drinking Age to 21 Has Been a Disastrous 30Year Experiment. Retrieved April 10, 2016, from
http://www.nytimes.com/roomfordebate/2015/02/10/you-must-be-21-to-drink/raising-thedrinking-age-to-21-has-been-a-disasterous-30-year-experiment
17. Ibid.
18. Ibid.
19. Infographic Binge Drinking: A Dangerous Problem among Women and Girls infographic.
(2013, October 11). Retrieved April 04, 2016, from
http://www.cdc.gov/vitalsigns/bingedrinkingfemale/infographic.html
20. MARGINALIZES THE ROLE OF PARENTS. (n.d.). Retrieved April 10, 2016, from
http://www.chooseresponsibility.org/article/view/15540/1/2642/
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21. Mitka, M. (2009). College Binge Drinking Still on the Rise. JAMA, 302(8), 836-837.
doi:10.1001/jama.2009.1154
22. Should the drinking age be lowered from 21 to a younger age? - Minimum Legal Drinking Age
- ProCon.org. (2016, January 26). Retrieved April 3, 2016, from
http://drinkingage.procon.org/view.answers.php?questionID=1610
23. Dee, T. S., & Evans, W. N. (2001). Behavioral Policies and Teen Traffic Safety. AEA Papers and
Proceedings. Retrieved April 3, 2016, from
http://drinkingage.procon.org/sourcefiles/DeeBehavioralPoliciesAndTeenTrafficSafety.pdf
24. Should the drinking age be lowered from 21 to a younger age? - Minimum Legal Drinking Age
- ProCon.org. (2016, January 26).
25. McCardell, J. M. (2009, September 16). Commentary: Drinking age of 21 doesn't work.
Retrieved April 7, 2016, from
http://www.cnn.com/2009/POLITICS/09/16/mccardell.lower.drinking.age/