Bill takes novel approach to underage drinking

Alcohol in the bloodstream could constitute illegal possession by a minor.

JEFFERSON CITY, Mo. --When a police office catches a minor holding a bottle of beer, a ticket for illegal possession of alcohol can ensue. If the minor has already disposed of the evidence by consuming it, however, there is little the officer can do.

That could soon change under a bill recently passed by the Missouri Legislature that broadens the scope of what constitutes possession of alcohol by someone under age 21 by including alcohol already in a minor's bloodstream.

During the legislative debate over the bill, which includes other efforts to crack down on underage drinking, there was some question as to whether the provision would be easy to enforce.

Senate President Pro Tem Michael Gibbons, the bill's sponsor, said police have long been frustrated by their inability to act in situations such as when they bust a party and everybody drops their drink, making possession difficult to prove.

Expanding on the conventional meaning of possession, the bill allows misdemeanor charges for possession if a minor is "visibly intoxicated" or has a blood alcohol content of 0.02 percent -- well below Missouri's 0.08 percent threshold for driving while intoxicated.

To assist in the successful prosecution of DWI cases, Missouri has an implied consent law designed to encourage suspects to consent to a Breathalyzer test. The suspect is free to refuse to submit to the test but will automatically lose his or her driver's license for a year as a result.

As long as he or she isn't driving when confronted by police, however, it appears a minor could refuse to consent to a chemical test without consequence.

Gibbons, R-Kirkwood, agreed that if consent is refused a test isn't going to be administered absent a court order. While the legislature wants to get tough on underage drinkers, it also wants to protect individuals from unreasonable searches.

"You've got to have some basis with which to charge someone," Gibbons said. "If he is slurring, falling down or fails a field sobriety test, you've got probable cause."

By demonstrating that a minor's demeanor and actions at the time of arrest demonstrate intoxication, a prosecutor probably could prove his case, Gibbons said.

Gov. Matt Blunt has not yet acted on the bill. Jessica Robinson, his spokeswoman, said the measure is still being reviewed for potential conflicts with other recently approved bills that contain provisions involving general alcohol-related offenses.

Another provision of the bill makes it a misdemeanor for property owners to knowingly allow underage drinking on their premises. That section is intended to crack down on parents who permit their children to hold parties in which alcohol is served. It is not a crime, however, for parents to let their own children to imbibe at home. Gibbons said the exemption is to account for cultural situations when a parent deems it appropriate to allow their child to have a drink.

"But if it's my kid at your house, that's a different story," Gibbons said.

The measure also requires Missouri school districts to adopt polices outlining punishments that they may impose on students found in possession of alcohol on school property or while participating in school-sponsored extracurricular activities.

Providing a minor with false identification for the purpose of purchasing alcohol is a misdemeanor under the bill.

The bill is SB 402.

mpowers@semissourian.com

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