Using Enforcement to Reduce Using Enforcement to Reduce

Underage DrinkingUnderage DrinkingMichael Sparks

Alcohol Policy Specialist

Michael@sparksInitiatives.com

Please answer, in the chat box:

1) What campus are you from?

2) What is your role in prevention?

3) Do you work with a coalition?

Today’s DiscussionToday’s Discussion

Public Health Model of PreventionPublic Health Model of Prevention

Laws as one type of environmental preventionLaws as one type of environmental prevention

Logic Model of Community Influences of Logic Model of Community Influences of Underage DrinkingUnderage Drinking

The role of law enforcement in reducing The role of law enforcement in reducing underage drinkingunderage drinking

How familiar are you with environmental approaches/strategies?

A.A. Very familiar Very familiar

B.B. Kind of familiarKind of familiar

C.C. Not familiarNot familiar

PublicPublic Health ModelHealth Model

Individual

Alcohol Environment

Alcohol-Related Problems

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What works: Reviews of the U.S. and global research literature

CDC Guide to CDC Guide to Community Community Preventive Preventive ServicesServices

Policy Approaches to PreventionPolicy Approaches to Prevention

Formal legal and regulatory mechanisms, rules, and Formal legal and regulatory mechanisms, rules, and procedures for reducing risky behaviors (e.g., the procedures for reducing risky behaviors (e.g., the consumption of alcohol or risky drinking behaviors)consumption of alcohol or risky drinking behaviors)

Implementation and enforcement of these measuresImplementation and enforcement of these measures

Grube & Nygaard, 2001; Toomey & Wagenaar, 1999Grube & Nygaard, 2001; Toomey & Wagenaar, 1999

Targets the social, physical or public environment where Targets the social, physical or public environment where sales/use occurssales/use occurs

Views alcohol and other drug problems not just as individual Views alcohol and other drug problems not just as individual addiction, but rather as the collective reflection of community addiction, but rather as the collective reflection of community norms and practicesnorms and practices

Targets are policy makers and others with authority to change Targets are policy makers and others with authority to change environmentsenvironments

Seeks to change physical, legal, economic & social processes Seeks to change physical, legal, economic & social processes of communitiesof communities

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The Role of Laws in Environmental Prevention

Purpose of Enforcement of Alcohol PoliciesPurpose of Enforcement of Alcohol Policies

Decrease Decrease availabilityavailability of alcohol by increasing of alcohol by increasing economic costs and opportunity costseconomic costs and opportunity costs

DeterDeter drinking, heavy drinking, or drinking-related drinking, heavy drinking, or drinking-related problem behaviorsproblem behaviors

Moderate relations between drinking and problem Moderate relations between drinking and problem outcomes outcomes

Community NormsCommunity Norms LawsLaws

Focus on Enforcement ItselfFocus on Enforcement Itself

Discussion Questions

• What are the conditions in your community that require some sort of enforcement action?

Levels of EnforcementLevels of Enforcement

Levels of Enforcement

Arrest Rate

Source: Wagenaar & Wolfson, 1994

Only 2 of every 1000 occasions ofunderage drinking result in arrest

Action Against Outlets

Only 5 of every 100,000 occasions ofunderage drinking result in actionagainst outlet.

Source: Wagenaar & Wolfson, 1994

Deterrence Theory

Legal threat of punishment encourages or prevents behavior

Punishment must be:– Certain

– Swift

– Severe

General and specific deterrence

Laws are effective when they are perceived as…

Legitimate

Practical

Effective

Proportional to the problem

The Role of Coalitions in Promoting Effective

EnforcementKey Coalition Functions:

Include enforcement agency in all deliberations regarding enforcement of Include enforcement agency in all deliberations regarding enforcement of policy at the start of the policy processpolicy at the start of the policy processBuild strong organizational and personal relationships with key Build strong organizational and personal relationships with key enforcement personnelenforcement personnelIdentify shared self-interest associated with enforcementIdentify shared self-interest associated with enforcementTake responsibility for making the case to the community for the Take responsibility for making the case to the community for the importance of enforcementimportance of enforcementCreatively collaborate to address enforcement’s financial constraints Creatively collaborate to address enforcement’s financial constraints associated with implementationassociated with implementationUse the media to publically support enforcement activities and give credit Use the media to publically support enforcement activities and give credit to enforcement agency when they are carried outto enforcement agency when they are carried out

Can you please type into your chat box examples of enforcement strategies you have

implemented.

A Logic Model for Reducing Underage Drinking….. The Role of Enforcement in Impacting

Alcohol-Related Problems

Retail Availability of Alcohol to

Youth

Visible Enforcement

Underage Drinking Laws

Alcohol-Related Problems(Traffic crashes, Injuries,

School performance. Unsafe sex, Violence, etc.)

Underage Underage DrinkingDrinking

Social Availability of

Alcohol to Youth

Drinking Beliefs

Family, School, and Peer Influence

Drinking Context

Price

Community Norms About

Youth Drinking

Underage Drinking: Basic Research

Alcohol Promotion (Advertising, Point of Sale Promotion , Sponsorship of Community Events)

Evidence: Population Prevention EffectsStrong

Moderate

Low (target group only)

None (no target or population)

Holder/Saltz: Pacific Institute for Research and Evaluation

Underage Drinking: Evidence-based Theory of Change

Underage Drinking

Social availability of alcohol to youth (parties, peers, families)

Retail Sale of alcohol to youth

Underage drinking laws

Community norms about youth drinking

Visible enforcement

Family, School, & Peer Influence

Compliance checks, citations, license loss

Party patrol,Shoulder taps,Beer keg registration

Legal risks for providing alcohol to underage

Retailer Training & rewards

Local alcohol policy

Media advocacyMedia advocacy

Does Enforcement Work?

Minimum Legal Drinking Age

James Fell et al. The Impact of Underage Drinking Laws on Alcohol-Related Fatal

Crashes of Young DriversAlcohol Clin Exp Res, 2009

Methods– Analysis of the Fatality Analysis Reporting System from 1982-2004– Examined the effects of the minimum legal drinking age of 21 on the ratio of

drinking to non-drinking drivers under age 21 in fatal crashes– Controlled for:

– Zero Tolerance Laws– Graduated License Night Restrictions– Use/Lose laws– Administrative License Revocation– .10, .08 BAC per se– Mandatory seat belt laws– Per capita beer consumption– Unemployment rate– Vehicle miles traveled– Frequency of sobriety checkpoints– Number of licensed drivers– Ratio of drinking to non-drinking drivers– Age 26+ in fatal crashes– Ratio of drinking to non-drinking drivers age 26+ in fatal crashes

Fell et al., Alcohol Clin Exp Res, 2009 (cont)

Results

– Minimum legal drinking age was independently associated with a 16% decline in the ratio of drinking to non-drinking drivers in fatal crashes under age 21

– Other laws that independently predicted lower involvement of drinking drivers under age 21 in fatal crashes:

– Use/Lose laws ↓5% – Zero tolerance laws ↓5%– 0.08% BAC limit ↓ 8%– 0.10% BAC limit ↓ 7%– Administrative license ↓ 5% revocation (ALR) – Seat belt laws ↓ 3%

Fell et al., Fell et al., Alcohol Clin Exp Res, 2009Alcohol Clin Exp Res, 2009 (cont) (cont)

Conclusions– Minimum legal drinking age of 21 reduced involvement of drinking Minimum legal drinking age of 21 reduced involvement of drinking

drivers under 21 in fatal crashes (16%)drivers under 21 in fatal crashes (16%)

– Zero tolerance laws and Use/Lose laws targeted drivers under 21 Zero tolerance laws and Use/Lose laws targeted drivers under 21 also produced reductionsalso produced reductions

– Laws targeting drinking drivers of all ages also reduced Laws targeting drinking drivers of all ages also reduced involvement of drinking drivers under 21 in fatal crashes (0.08% involvement of drinking drivers under 21 in fatal crashes (0.08% and .10% BAC limits, ALR, seat belt laws)and .10% BAC limits, ALR, seat belt laws)

… but there’s more than just minimum legal drinking age laws!

DUI Enforcement

General vs specific enforcement

Sobriety checkpoints

Saturation patrols

Revocation/suspension

Ignition interlock

Last drink

Check-in programs

Sobriety CheckpointsRestrict traffic flow in a designated area and check drivers Restrict traffic flow in a designated area and check drivers for signs of impairmentfor signs of impairment

Primarily general deterrence – increase perceived riskPrimarily general deterrence – increase perceived risk

High visibility – media coverageHigh visibility – media coverage

Random breath test vs selectiveRandom breath test vs selective

Blitz vs regularBlitz vs regular

Shults, Elder, Sleet et al (2001)Shults, Elder, Sleet et al (2001)– Review studies from 1980-2000Review studies from 1980-2000– 12 RBT studies: average 12 RBT studies: average 18% decrease 18% decrease across outcomesacross outcomes– 11 SBT studies: average 11 SBT studies: average 20% decrease 20% decrease across outcomesacross outcomes

Recently updated previous checkpoint review

Added 15 studies from 2000-2012– 10 studies examined alcohol-involved

fatal crashes -> 8.9% decrease– Other 5 studies found decreases in:

% drivers above .08 (28-64%)

alcohol-involved fatalities/VMT (4.6%)

alcohol-involved collisions (19%)

nighttime crashes (22%)

Task Force Finding“The Community Preventive Services Task Force recommends publicized

sobriety checkpoint programs based on strong evidence of effectiveness in reducing alcohol-impaired driving.”

DUI CheckpointsKey Resource:

http://www.nhtsa.gov/people/injury/alcohol/saturation_patrols/SatPats2002.pdf

Common Challenges1. Generating community/political will

2. Finding overtime dollars for police

3. Ensuring training on checkpoint best-practices

4. Supporting development of materials for dissemination at checkpoint

5. Ensuring visibility -- using media to publicize checkpoints before and after event

Upstream DUI Enforcement

It is too late once an intoxicated individual gets behind the wheel

It is difficult to identify and apprehend intoxicated drivers– It has been estimated that less than 1/1000 DUI trips results in an

arrest (Miller, Spicer, Levy, & Lestina, 1998)

Car crashes are but one of the many negative health consequences associated with intoxication

Focusing exclusively on DUI enforcement may send the message that, as long as someone is not driving, it is OK to get intoxicated

Have your coalition/group participated in sobriety checkpoints?

YesYes

NoNo

Underage Compliance Checks

Sting or Decoy buys

Police hire an underage (<21 years old) individual to attempt to purchase alcohol

If an illegal sale is made, citation issued to either the seller or the establishment

Penalty may vary from warning to a fine to a liquor license suspension/revocation (usually depending on previous citations)

Compliance Check Effectiveness

Growing research literature that compliance checks are effectiveGrowing research literature that compliance checks are effective

CDC conducted a review of studies that examined ‘enhanced enforcement’ CDC conducted a review of studies that examined ‘enhanced enforcement’ – programs that increased or intended to increase frequency of compliance – programs that increased or intended to increase frequency of compliance checkschecks

8 studies from 1994-20058 studies from 1994-2005– all 8 studies examined sales to a decoyall 8 studies examined sales to a decoy

average 42% reductionaverage 42% reduction

– 3 studies examined alcohol consumption3 studies examined alcohol consumption

20% reduction20% reduction

2-7% reduction2-7% reduction

4-6% relative decrease4-6% relative decrease

Compliance Check Effectiveness

Task Force Finding

“The Community Preventive Services Task Force recommends enhanced enforcement of laws prohibiting sale of alcohol to minors, on the basis of sufficient evidence of effectiveness in limiting underage alcohol purchases. Further research will be required to assess the degree to which these changes in retailer behavior affect underage drinking.”

source: Elder, Lawrence, Janes, et al. (2007). Enhanced enforcement of laws prohibiting sale of alcohol to minors: systematic review of effectiveness for reducing sales and underage drinking. Transportation Research E-Circular 2007;Issue E-C123:181-8.

Compliance Checks Key Resource:

http://www.udetc.org/aps/ComplianceChkDB.htm

Common Challenges1. Generating community/political support

2. Generating police support

3. Finding overtime dollars for police

4. Convincing state Liquor Control to partner

5. Building support for prosecuting violators

Has your coalition/group supported or sponsored compliance check?

YesYes

NoNo

Party Patrols/Social Host Laws

Problem Setting: Residential PartiesProblem Setting: Residential PartiesSon held drunken party for 600 friends after banishing parents to bedroom of their multi-million-dollar mansion

By Mail Foreign ServiceUPDATED: 20:55 EST, 14 October 2010

Party Patrols/Social Host Laws

Intent of Social Host Policies

• Change community CULTURE and CONDITIONS

• Change the FOCUS from underage drinker to provider/enabler

• Decrease PROVISION• Decrease furnishing alcohol to an underage person

• Change CONTEXT and SETTING• Deter underage drinking parties

Social Host: the Evidence

Viewed as a useful tool by law enforcement officers Viewed as a useful tool by law enforcement officers (Oceanside, CA and Vista, CA—see Evalcorp, 2009a)

May result in changes in youth norms related to the May result in changes in youth norms related to the riskiness of drinking riskiness of drinking (Long Beach City, NY—unpublished data)

May result in fewer calls for service, either overall, or May result in fewer calls for service, either overall, or related to disturbances. For example, Petaluma, CA had related to disturbances. For example, Petaluma, CA had 9.3% fewer calls for service related to disturbances from 9.3% fewer calls for service related to disturbances from the year prior to passage (2006) to the second year after the year prior to passage (2006) to the second year after passage (2009) passage (2009) (Petaluma, CA—unpublished data).

San Diego County had 8% fewer disturbance calls from the San Diego County had 8% fewer disturbance calls from the year preceding passage (2002) to the year following year preceding passage (2002) to the year following passage (2004) of its SHO passage (2004) of its SHO (UDETC, 2003)

Party Patrols

Enforcement strategy that targeting community high priority underage drinking party areas.– arranged to both deter parties (through LE visibility) and

find and address parties that are going on (through LE action).

Law enforcement reports that party patrols can be effective deterrents if there are existing laws on the books that hold adults or other responsible parties accountable for underage drinking parties in homes.

Party Dispersal

An ongoing party is often difficult for officers to “break it up” with maximum impact on deterring underage parties from happening in the future and preventing teens from fleeing the scene.

Party dispersal training gives officers and departments a strong foundation to systematically address parties and hold underage drinkers and providers responsible.

Landlord Lease Agreements

Language that landlords include in leases that prohibit underage parties from occurring. – There are often fines and penalties that escalate to eviction.

Can effectively reduce the number of rental properties Can effectively reduce the number of rental properties in which loud and unruly parties occur; if, strongly in which loud and unruly parties occur; if, strongly enforced and adopted by all/most landlords.enforced and adopted by all/most landlords.

Party Patrols/Social Host Laws Key Resource:

http://www.udetc.org/documents/Party_Patrol_Guidebook.pdfhttp://venturacountylimits.org.s94613.gridserver.com/resource_documents/

model_sho_fnl_nashville.pdf

Common Challenges

1.1. Identifying/adopting policy to enforceIdentifying/adopting policy to enforce

2.2. Generating community/political support for policyGenerating community/political support for policy

3.3. Generating police support to use resourcesGenerating police support to use resources

4.4. Finding overtime dollars for policeFinding overtime dollars for police

5.5. Training law enforcement to use enforcement Training law enforcement to use enforcement techniquestechniques

6.6. Building support for prosecuting violatorsBuilding support for prosecuting violators

Has your coalition/group supported or sponsored party patrols?

YesYes

NoNo

Has your coalition/group supported or sponsored the adoption of a social host ordinance?

YesYes

NoNo

Three Enforcement Strategies Frequently Used By Coalitions

1. Compliance checks for sales to minors at off-premise outlets

2. Party patrols/social host laws

3. DUI checkpoints

Which of these strategies are you most interested in considering?

A. DUI Checkpoints

B. Party Patrols

C. Social Host Laws

D. Compliance Checks

E. Landlord Lease AgreementsWHY?????

Questions About Enforcement Strategies to Reduce

Alcohol Related Problems?

Safer California UniversitiesProject Goal:

To evaluate the efficacy of a“Risk Management” approach to

alcohol problem prevention

NIAAA grant #R01 AA12516with support from CSAP/SAMHSA.

Bob Saltz: Prevention Research CenterPRC

Integrated Intervention Strategies for Off-Campus Parties

Compliance Checks

DUI Check Points

Party Patrols

Pass Social Host “Response Cost” Ordinance

A Social Host Safe Party Campaign

Practical SignificanceAt each campus, 900 fewer students drinking to intoxication at off-campus parties and 600 fewer getting drunk at bars/restaurants during the fall semester at intervention schools relative to controls.

Equivalent to 6,000 fewer incidents of intoxication at off-campus parties and 4,000 fewer incidents at bars & restaurants during the fall semester at Safer intervention schools relative to controls

In addition…

No Displacement

So…What are the Implications for

Your Coalition?

Thank You!