Cape adopts law against minors having alcohol in their bloodstream

Cape Girardeau police will soon have another tool to combat underage drinking following the Cape Girardeau City Council's adoption of a city law against minors having alcohol in their bloodstream.

Missouri lawmakers passed a law in 2005 making it illegal for anyone younger than 21 to have a blood-alcohol content of greater than 0.02 percent. Adults are considered too intoxicated to drive if their blood alcohol level is greater than 0.08 percent.

The city ordinance was approved unanimously on a first-round vote Tuesday evening. It must win a second vote Feb. 1 to become law.

The lack of a city law means officers must either release minors they know have been drinking, place them in protective custody or charge them under the state law, assistant police chief Roger Fields said. Seeking a state charge is far more paperwork than is needed for a city ordinance violation, he said.

A municipal violation, while still a crime, does not appear on state criminal records maintained by the Missouri State Highway Patrol and checked by many employers before hiring.

Cape Girardeau often places intoxicated people into protective custody, holds them for 12 hours and releases them, Fields said. "If we deal with them again in a short time, our only option then is to take them to state court," he said.

The requirement that no one younger than 21 consume alcohol makes sense from a medical and societal standpoint, Fields said. "If they begin drinking before they are 21, there is a greater likelihood of them becoming an alcoholic," he said.

The municipal court can use probation as a tool to push young people to seek treatment if they have a drinking problem, Fields said. "If you bring an issue to light, you may basically save a person."

rkeller@semissourian.com

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