Abstract
Consuming alcohol is considered a rite of passage for the average young individual. The minimum drinking age required to legally consume alcohol varies in each country, ranging from it always being legal to drinking being illegal at any age, but most countries have set the age at 18-19. In the United States, as of 1988, the MLDA is 21 throughout its entire territory, while the age of majority starts at 18. This paper analyzes the arguments to lower the minimum drinking age and unify it with the age of majority. The factors discussed are alcohol-related traffic accidents, encouragement of unsafe drinking habits, and inconsistency between the perception of adulthood and the MLDA.
Introduction
In the United States, the minimum age required to legally consume alcohol is twenty-one years, being allowed in some states for young people under the minimum drinking age to consume alcohol under specific controlled circumstances. This particular age is controversial as it does not correspond to the age of majority of 18 years embraced by 47 states, which entitles the individual to vote, get married and join the army, among other decisions inherent to adulthood. It is thus seen as contradictory to consider a young person mature enough to take decisions of this nature, but not mature enough to drink alcohol.
The minimum legal drinking age (MLDA) has propelled national debates on the subject, primarily promoted by university students, who argument that implementing the MLDA at 21 encourages excessive and irresponsible drinking and has not achieved a reduction in teen traffic accidents. Moreover, according to those who vouch for the lowering of the MLDA, the current 21-years-old to drink restriction cannot be effectively enforced. In consideration, this paper will analyze the background of the current MLDA, its legal basis and variations among states, as well as the arguments aimed at its lowering, with the intention of determining whether the MLDA should remain the same or, conversely, if the reasons for lowering it are valid.
Background
According to ProCon, the approval of the 21st Amendment to the American Constitution in 1993, effectively repealed the alcohol prohibition and designated each state responsible for establishing its own alcohol consumption laws, most of which adopted 21 as the MLDA. Years later, 1976, the national minimum age majority was lowered from 21 to 18, which impulsed the lowering of the minimum drinking age in many states as well, with only 14 states maintaining 21 as the MLDA. Uradnik explains that research revealed the lowering of the MLDA increased teen traffic accidents, for which many organizations such as “Mothers Against Drunk Driving” promoted the unification of the MLDA at 21 to prevent immature adults from having access to alcohol (p. 157). Consequently, Congress passed the Drinking Age Act of 1984. This Act could not re-establish the 21 age requirement nation-wide, but effectively did so by threaten to reduce the federal highway funding by 10% of those states that did not raise their MLDA. By 1988, all 50 states had re-enacted the age of 21 as the minimum for alcohol consumption.
Exceptions to the MLDA
Even though the 50 states uphold 21 as the MLDA, 45 of them have exceptions that allow underage drinking in specific situations or circumstances. ProCon lists these exceptions and the number of states that allow them: (a) on private, non-alcohol-selling premises with parental consent (29), (b) on private, non-alcohol selling premises without parental consent (6), (c) consumption for religious motives (26), (d) for medical reasons (in 16 states), (e) for governmental work (4), (f) for educational purposes (11), (g) when reporting another underage drinking minor requiring medical assistance and (h) in alcohol-selling premises with parental approval.
These exceptions have legal frameworks that determine which circumstances are indeed considered within the boundaries of the law. For example, “parental consent” is generally defined as the physical presence of parents or a legal guardian who approves of the underage individual drinking. Considering all these exceptions, only 5 states do not allow for underage drinking under any circumstance: Alabama, Arkansas, Idaho, New Hampshire and West Virginia.
The proponents of lowering the MLDA have many arguments, some of which are derived from these exceptions, as they are considered double-standards and somehow prove underage drinking should be allowed. The following sections of this paper will analyze the arguments for lowering the MLDA, its counter-arguments and backing evidence.
The MLDA of 21 does not effectively reduce teen traffic accidents
The main reason that drove Congress to pass the 1984 Drinking Age Act was the supposed increase of teen traffic accidents in states with an MLDA lower than 21. According to the National Institutes of Health, in the 1970s alcohol was a factor in over 60% traffic fatalities in general and 67% of traffic deaths of young people between the ages of 16 to 20 involved alcohol. By 2006, only 31% of 15-20 year old drivers who died had consumed alcohol according to the National Highway Safety Administration.
This statistics serve as the main evidence backing those against lowering the MLDA. However, this argument can hardly be considered valid when analyzing broader data. NHTSA statistics also revealed that by 2014 only 33% of accident fatalities in general were due to alcohol impairment and non-alcohol related fatalities similarly decreased. This means that though teen traffic fatalities were reduced (which could be attributed to the increase in MLDA to 21), general statistics show the same trend, which indicates that other factors are involved. As explained by Trex, this reduction of fatalities can then be attributed to increased use of seat belts, wider adoption of airbag technology, increased safe-driving awareness, improvements to vehicles and highways, harsher traffic infraction penalties and overall stricter law enforcement.
Moreover, MLDA legislations vary greatly worldwide, and 115 countries have set their age limit at 18-19, against only 12 that still maintain the 21 years of age requirement. A lower percentage of countries have higher and lower minimum drinking ages, ranging from not having a set minimum age, to drinking being illegal at any age. Germany, for example, has a minimum drinking age of 16 and 18 (depending on the circumstances) and according to the World Health Organization (2004) only 13% of traffic accident fatalities involved alcohol consumption. Similarly, in the United Kingdom (MLDA of 18), alcohol is a factor in 15% of traffic fatalities (Department of Transport). These statistics prove that regardless of the established MLDA, traffic accident statistics around the world do not have similar trends, thus other factors may play more important roles in preventing traffic accidents than the MLDA.
MLDA of 21 encourages unsafe drinking habits
The age restriction imposed in the United States for drinking, intended to reduce the negative effects related to young people drinking, actually result in the encouragement of unsafe drinking habits. 18-year-olds, who are considered legal adults in many states, feel mature enough to consume alcohol as many of them are already in college, have joined the army or even gotten married. However, the age restriction forces them to engage in underage drinking activities without the knowledge of their parents or legal guardians. Moreover, this idea of “hiding from the law” promotes binge-drinking habits in underage individuals, who may consider it socially empowering to drink while it is still illegal for them to do so, and without parental consent. As Nugent states, “by outlawing moderate use of alcohol in appropriate social contexts and with adult oversight, we have driven more drinking underground, where it has taken the very dangerous form of pre-gaming”. According to him, the Drinking Age Act has made alcohol more dangerous.
When involved in adult contexts but still not legally old enough to drink, situation most common in university social groups, young people face social pressure for drinking. More often than not, they do not refrain from consuming alcohol, but rather go to extreme measures to do so, such as using fake IDs to purchase and publicly consume alcohol. Therefore, the established MLDA only increases the risk of alcohol consumption and pushes it to non-manageable settings. According to CBS News underage drinkers turn to basements, fraternity houses and locked dorm rooms to hide from the law, and adults who might teach them moderation.
In contrast, young Europeans are much more respectful of alcohol consumption, as they have been exposed to it most of their lives and are therefore more educated on the subject. According to Fulton, an American who lived in France for most of a year, “these kids new how much alcohol they could handle because they were taught about it in an upfront, transparent way”.
Double-standards regarding adulthood
Age of majority in the United States is, in most of its territory, 18. An individual who has reached this age is considered mature enough to take control of their own decisions (financial, educational, medical and others), assume responsibility for their actions and are legally independent from parents or legal guardians. In other words, an individual who has turned 18 is considered an adult. Turning 18 comes with a series of rights inherent to adulthood, such as the right to vote, making wills, becoming an organ-donor, signing contracts, making medical decisions, enlist in the armed forces, apply for credits, etc. Some responsibilities are also a part of reaching the age of majority, such as the assuming responsibility for one’s actions by being tried in adult criminal courts, being financially responsible for oneself (for those whose parents not wish to continue supporting them), being eligible for jury duty, among others (McCulloch).
Considering the level of maturity an individual must have to make decisions of this nature, such as joining the armed forces (and possibly risking his life for his country), it is undoubtedly a double-standard that 18-year-olds are not allowed to consume alcohol in adequate social contexts for not being considered mature enough. This minimum legal drinking age is inconsistent with the adopted definition of adulthood, and makes the 21 age restriction seem almost arbitrary. As stated by Harrop, “our society’s age-specific approaches often boil down to curbing the freedoms of the young, and increasing their punishments”.
Some of the exceptions which allow underage individuals to drink are also inconsistent with the MLDA reasoning. For instance, in the states of Michigan, Mississippi, Oregon and South Carolina, it is legal for individuals under 21 to consume alcohol for government-work purposes. For example, while performing undercover police work or research, a young adult is legally allowed to drink alcohol; however, upon arriving home, it is illegal for him to have a beer while watching a football game. Considering these discrepancies, it is reasonable to unify the minimum legal drinking age and the age of majority, not only for moral reasons, but for the sake of practicality as well.
Conclusion
The United States has a Minimum Legal Drinking Age (MLDA) of 21, despite the age of majority in most states being 18. This controversial age requirement draws nation-wide attention as many groups are demanding the lowering of the MLDA, considering it unjustified. The main argument used to raise this age to 21 through the passing of the Drinking Age Act in 1984 was the apparent consequences teen alcohol consumption had over traffic accident statistics, which in the years following the act significantly decreased. However, it is now safe to establish that the reduction of alcohol-related traffic fatalities is related to other measures such as stricter enforcement of traffic laws, and more effective safe-driving awareness campaigns. Analysis of other countries’ statistics, with lower MLDA, point towards the same conclusion. Moreover, experts sustain that setting the MLDA at 21 has encouraged and promoted illegal drinking in unsafe environments.
The main argument for lowering the MLDA in the United States is that fact that by the age of 18, individuals are considered adults and are given certain rights, such as voting, joining the army and being able to marry, that arguably require more responsibility than consuming alcohol.
In consideration, lowering the minimum age requirement for drinking is a measure that should be taken by all states, as current legislation does not provide measurable benefits and is inconsistent with the age of majority.
Works Cited
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