The 6th
Alcohol & Substance Abuse
Conference
July 16-18, 2014
Boise, Idaho
Effectiveness of Social Host
and Fake Identification Laws
on Reducing Underage
Drinking Driver Fatal Crashes
James Fell, Michael Scherer, Sue Thomas &
Robert Voas
Pacific Institute for Research & Evaluation
Calverton, MD
July 17, 2014
Northwest Alcohol Conference
Boise, Idaho
Acknowledgements
This study was conducted under a grant from the
National Institute on Alcohol Abuse and Alcoholism
(NIAAA) [R21 AA019539]. We thank Mr. Gregory
Bloss of NIAAA for his excellent guidance and Dr.
Ralph Hingson of NIAAA for his comments and
suggestions.
The scoring of the 20 underage drinking laws was
conducted under a NIAAA grant [R03 AA022446] and
a grant from the Office of Juvenile Justice and
Delinquency Prevention (OJJDP) [2012-AH-FX-0005].
This study is scheduled to be published in Traffic Injury
Prevention in October 2014.
Background
Minimum Legal Drinking Age 21
(MLDA-21)
History in the United States
• Minimum Legal Drinking Age (MLDA) Laws
established in the States after the Repeal of
Prohibition in 1933
(21st Amendment to the US Constitution)
• Most States set the MLDA at 21
(e.g., 11 States set and stayed at 21):
AR (1935); CA (1933); IN (1934); KY (1938);
NV (1935); NM (1934); ND (1936); OR (1933);
PA (1935); UT (1935); WA (1934)
Minimum Legal Drinking Age
21 History in the United States
• Voting age lowered from 21 to 18 in 1971 (26th
Amendment to the US Constitution)
• Many States began to lower the drinking age to
18 or 19 in the early 1970s
• Studies in the 1970s and 1980s showed
significant increases in alcohol-related fatal
traffic crashes involving youth aged 16-20 in
States that lowered their drinking age
Minimum Legal Drinking Age
21 History in the United States
• Mothers Against Drunk Driving (MADD) founded in
1980
• President’s Commission on Drunk Driving
established in 1982
• MADD, President’s Commission, Members of
Congress recommended a National Uniform
Drinking Age Law set at 21 in order to reduce
youthful alcohol-related fatalities and eliminate
the “blood borders”
MLDA 21 Milestones
President Ronald
Reagan signs federal 21
Minimum Drinking Age
law in 1984.
All 50 States plus DC
adopt age 21 as
minimum legal
drinking age (illegal to
possess alcohol and
illegal to purchase
alcohol) by 1988 or
risk the withholding of
a portion of Federal
Highway Construction
funds.
US Minimum Legal Drinking Ages
as of December 31, 1969
35 states had 21 as the drinking age
WA
NH
ND
MT
VT
MN
ME
SD
OR
ID
WI
WY
NY
MI
MA
IA
NE
IL
NV
UT
CO
NJ
MO
KS
PA
OH
IN
WV
KY
CA
DE
VA
RI
CT
MD
TN
OK
AZ
NC
AR
NM
LA
DC
SC
MS
AL
GA
TX
FL
AK
21 years old
20 years old
18 years old
HI
US Minimum Legal Drinking Ages
as of December 31, 1975
Only 12 states had 21 as the drinking age
WA
NH
ND
MT
VT
MN
ME
SD
OR
ID
WI
WY
NY
MI
MA
IA
NE
IL
NV
UT
CO
NJ
MO
KS
PA
OH
IN
WV
KY
CA
DE
VA
RI
CT
MD
TN
OK
AZ
NC
AR
NM
LA
DC
SC
MS
AL
GA
TX
FL
AK
21 years old
20 years old
19 years old
18 years old
HI
US Minimum Legal Drinking Ages
as of July 1, 1988
All states had 21 as the drinking age
WA
NH
ND
MT
VT
MN
ME
SD
OR
ID
WI
WY
NY
MI
MA
IA
NE
IL
NV
UT
CO
NJ
MO
KS
PA
OH
IN
WV
KY
CA
DE
VA
MD
TN
OK
AZ
NC
AR
NM
LA
SC
MS
AL
GA
TX
FL
AK
HI
DC
RI
CT
What Have Been the Effects of
the Minimum Legal Drinking
Age 21 in the United States?
• Reduction in alcohol consumption by those <21
• Reduction in drinking driver fatal crashes by
those <21
• Reduction in alcohol-related homicides, suicides,
unintentional injuries by those <21
Research
• Studies in the 1980s and 1990s show that
raising the drinking age saves lives
• Studies from the National Highway Traffic
Safety Administration (NHTSA) show that MLDA
21 laws reduce 18- to 20-year-old driver
involvements in fatal crashes by 13% (Arnold,
1985; Womble, 1989; Kindelberger, 2005)
• MLDA-21 laws estimated to save 800-900
lives each year in reductions in traffic fatalities
Drivers Over Age 21 Involved
in Fatal Crashes, 1982-2004
Sources: FARS; NHTSA
+38%
Sober drivers age 21+
Drinking drivers age 21+
-33%
Drivers Under Age 21 Involved in
Fatal Crashes, 1982-2004
Sources: FARS; NHTSA
+9%
Sober drivers under age 21
Drinking drivers under age 21
-62%
MLDA-21
Law
Components
20 Key Components of Underage
Drinking Laws in the United States
MLDA 21 Law Components
CORE LAWS:
• Apply to Youth
– Possession
– Purchase/attempt to purchase
EXPANDED LAWS:
• Apply to Youth
– Consumption
– Internal possession
– Use and lose driving privileges
– Use of fake ID illegal
• Apply to Youth Driving
– Zero tolerance
– GDL with night restrictions
# States with Law
51
48
35
9
40
51
51
51
20 Key Components of Underage
Drinking Laws in the United States
MLDA 21 Law Components
# States with Law
• Apply to Providers
– Furnishing/selling
– Age 21 for on-premises
Server (all 3 beverage types)
– Age 21 for on-premises
Bartender (all 3 beverage types)
– Age 21 for off-premises Seller
– Keg registration
– Beverage Service Training
– Retail Support Provisions for Fake ID
– Hosting underage drinking parties
– Dram Shop Liability
– Social Host Civil Liability
51
13
24
23
31
38
45
28
45
33
20 Key Components of Underage
Drinking Laws in the United States
MLDA 21 Law Components
# States with Law
• Apply to Manufacturers of Fake ID
– Transfer/production of Fake ID illegal 24
• Apply to State
– State control of alcohol
(at least 1 beverage)
11
Prior Research
The Impact of Underage Drinking Laws
on Alcohol-Related Fatal Crashes
of Young Drivers
By Fell, Fisher, Voas, Blackman & Tippetts
Alcoholism: Clinical and Experimental Research
Vol. 33, No. 7, July 2009
Results
MLDA 21 Law Effects on Ratio of <Age 21
Drinking Drivers to Non- Drinking Drivers
in Fatal Crashes (1982-2004)
20%
Core Laws
Possession/
Purchase
Use & Lose
Keg
Zero Tolerance
Registration
Driving
GDL with
Night Restriction
12%
(p<.001)
10%
No Effect
0%
-5%
(p=.026)
-10%
-20%
-16%
(p<.001)
-5%
(p=.015)
Results
Traffic Safety Law Effects on the Ratio of Underage 21
Drinking Drivers to Non-Drinking Drivers
in Fatal Crashes
(1982-2004)
.08 BAC
Per Se
.10 BAC
Per Se
Seat Belt
Law
ALR
10%
0%
-3%
(p=.041)
-8%
-10%
(p=.002)
-7%
( p =.065)
-5%
( p =.024)
Results
Traffic Safety Law Effects and Enforcement
on the Ratio of Over Age 25 Drinking Drivers
to Non-Drinking Drivers in Fatal Crashes
(1982-2004)
10%
.08 BAC
Per Se
ALR
.10 BAC
Per Se
Sobriety
Checkpoint
Frequency
0%
-1.4%
(p=.004)
-10%
-6%
(p<.001)
-4%
(p<.001)
-4%
(p=.042)
Methods
MLDA-21 Laws
We selected for evaluation:
Three False Identification (FID) laws:
(1) FID for minors;
(2) FID for suppliers;
(3) FID for retailer support;
and
Two social host laws:
(4) Social Host Prohibition (SHP); and
(5) Social Host Civil Liability (SHCL).
MLDA-21 Laws
Fake ID laws
(1) for minors prohibited the use of false identification
cards by minors (i.e., minors under age 21);
(2) for suppliers prohibited a person from lending,
transferring to, or producing false identification for an
underage person (i.e., suppliers); and
(3) for retailer support established policies which allowed
one or more of the following for retailers of alcohol
outlets: the use of identification scanners, distinctive
licenses for those under age 21, seizure of identification
cards deemed false, or the right to sue an underage
person that uses false identification to purchase alcohol
(i.e., retailer support).
MLDA-21 Laws
Social Host Laws
1. Social Host Civil Liability (SHCL) laws involve the
liability faced by noncommercial alcohol servers for injuries or
damages caused by their intoxicated or underage drinking
guests. In states with SHCL laws, injured third parties are
able to sue social hosts (as well as the minor who caused the
crash) for monetary damages. SHCL law is established by
statute or by a state court through common law.
MLDA-21 Laws
Social Host Laws
2. Social Host Prohibitions (SHP) involve underage
furnishing and host party criminal policies which can result in
penalties imposed by the state (e.g., fines, jail, etc.).
Data Sources
Legal Research
• Alcohol Policy Information System (APIS) developed and
maintained by the National Institute on Alcohol Abuse and
Alcoholism (NIAAA); Westlaw; HeinOnline
Crash Analyses
• Fatality Analysis Reporting System (FARS) developed and
maintained by the National Highway Traffic Safety
Administration (NHTSA) for the years 1982-2010
Model
The model is composed of:
1. three FID laws (i.e., minor, retailer support, and supplier);
2. two versions of the social host laws (i.e., social host prohibitions
(SHP) and social host civil liability (SHCL) laws)
3. three drinking-and-driving laws (0.08 legal limit, 0.10 legal limit,
and ALR);
4. two driving-safety laws (use of sobriety checkpoints and seatbelt
use laws);
5. two variables determining economic strength (employment rate
and VMT by state and year);
6. per capita beer consumption by state and year;
7. ratio of underage 21 drinking drivers to underage 21 nondrinking drivers in fatal crashes; and
8. ratio of drinking drivers to non-drinking drivers in fatal crashes
among drivers aged 26 years and older as a comparison.
Structural Equation
Modeling (SEM)
Strengths of
the Laws
Scoring
Fake Identification – Minor
Scoring Criteria
Fake Identification law
License sanction procedure
Weight Point Values
+1.0 point for presence of the law
+2.0 points for administrative
sanctions
OR
+2.0 points for administrative and
judicial sanctions
OR
+1.0 points for judicial sanctions
only
Scoring
Fake Identification – Supplier
Scoring Criteria
Lending, transfer or sale of false IDs
criminalized
Manufacturing and distribution of
false IDs criminalized
Weight Point Values
+1.0 point if yes
+1.0 point if yes
Scoring
Fake Identification – Retailer Support
Scoring Criteria
Incentives for retailers to use
scanners
Use of distinctive licenses
Seizure of suspicious ID by retailer
permitted
Right to sue minor
Affirmative defense
Weight Point Values
+1.0 point if yes
+2.0 points if yes
+1.0 point if yes
+1.0 point if yes
-1.0 point for general affirmative
defense
0.0 points for specific
affirmative defense or none
Scoring
Scoring Criteria
Type of statute
Weight Point Values
Social Host Prohibitions
+2.0 points for general
OR
+1.0 point for specific
Underage guest actions triggering violation +1.0 point for possession
+1.0 point for consumption
+1.0 point for intention to possess or
consume
Property type covered by law
+1.0 point for residence
+1.0 point for outdoor area
+1.0 point for other areas
Knowledge standard
+2.0 points for negligence
+1.0 point for knowledge
0 points for overt act
Preventive actions available to offender
-1.0 if yes
Exceptions to law
-1.0 point for family
-1.0 point for resident of household
-1.0 point for other
Scoring
Social Host Civil Liability
Common law or common law and
statutory law
Statutory law only
Limitations to the law
+3.0 points
+3.0 points
-1.0 point for limitation on who may
be sued
-1.0 point for limitation on elements or
standards of proof
Results
Regression Weights
and Significance Level
for Direct Effects Including Strength of Fake Identification and Social Host MLDA-21 Laws
[values in bold and italics indicate a significant effect]
Model including strength of FID
and SHP laws
Predictor
Estimate
S.E.
p-value
Outcome = under 21 FARS ratio
Alcohol-impaired driving laws
-.160
.019
<.001
Driving safety laws
-.151
.007
<.001
Economic strength
.001
.003
.866
FID minor laws
-.003
.006
.564
FID supplier laws
-.010
.005
.030
FID retailer laws
-.004
.003
.218
SHP laws
-.001
.001
.937
SHCL laws
-.006
.003
.054
Beer consumption
.181
.022
<.001
Effects of five MLDA-21 laws on the ratio of <age 21
drinking drivers to <age 21 nondrinking drivers involved in
fatal crashes (Source: FARS 1982-2010)
Conclusions
• If all States adopt fake ID supplier laws
(effect size 1.0%) an additional 30 lives
per year would be saved—of which 14
lives are currently being saved in the 24
States that have the law.
Conclusions
• Our prior study (Fell et al., 2009)
estimated that the two core MLDA-21
laws (possession and purchase) and the
zero tolerance law for driving (BAC>.02
illegal) are saving 732 lives per year.
• Use & Lose laws are saving an
additional 132 lives annually and if all
states adopted Use & Lose laws an
estimated 165 lives could be saved per
year.
Conclusions
• An estimated 878 lives per year are
being saved by these five effective
laws. If all states adopted all five laws,
up to 927 lives could be saved each
year.
Conclusions
NHTSA Estimates MLDA Laws Have Saved
29,292 Lives Since 1975
25,507 26,338
24,619
22,810 23,737
19752003
2004
2005
2006
2007
27,054
27,680
2008
2009
29,292
28,232 28,767
2010
2011
2012
Future Research
• Eleven of the 20 MLDA-21 Laws have
now been evaluated for their
effectiveness on underage drinking
driver fatal crashes.
• Under a NIAAA grant [R03 AA022446]
we are currently evaluating:
• Dram Shop Laws
• State Alcohol Control Laws
• Responsible Beverage Service Training Laws
• Eventually all 20 MLDA-21 Laws with
strengths will be evaluated.
Contact Information
James C. Fell, M.S.
Pacific Institute for Research
and Evaluation (PIRE)
11720 Beltsville Dr.
Suite 900
Calverton, MD 20705-3111
301-755-2746
E-mail: [email protected]