Monday, Nov. 29, 2004 | 11:04 a.m.
CARSON CITY -- Teenage drinking and driving may be on the decline, but it is still a serious problem, and a state study says efforts to reduce underage drinking should be focused on adults.
The recently completed study by the state Division of Child and Family Services says, "Although continued efforts to speak directly to young people about the dangers of alcohol use are an important component of any proposed strategy, the highest priority should be given to changing the attitudes and behaviors of adults."
The report refers to the 2003 survey by the state Department of Education that 1 of every 3 high school students who drank usually got their liquor from home with or without parental knowledge.
"Adults often facilitate or enable underage drinking directly by supplying alcohol to young people, by failing to take effective precautions to prevent it, or by sending the message that alcohol use is to be expected," said the division.
The agency suggests the 2005 Legislature look at tightening the law on adults who allow drinking at house parties. It cites laws in Florida and New Hampshire where an adult can be charged with a misdemeanor.
The idea that parents could be prosecuted for hosting underage drinking may be gaining currency in Clark County because of a recent case that ended tragically.
Three teenage boys were killed after a drunken teen driver ran the car they were riding in into a wall in Henderson last year. The teens were coming from a party at a house in Seven Hills.
The parents were home while the party was going on, and police had been called to the house on several prior occasions because of teen parties. Parent Pamela Roman was sued civilly, but no criminal charges were pursued. She and her husband have denied any wrongdoing and said they did not promote the party or provide alcohol.
Sandy Heverly, executive director of Stop DUI, said parents need to be held criminally responsible for allowing underage drinking. "I think this approach is long overdue, I really do," she said.
While adults have the right to drink responsibly, they should not pass on to their children a cavalier attitude toward alcohol, and they should make sure alcohol is kept out of reach, Heverly said.
"A responsible parent would certainly have locks on their weapons, and that's the same way it should be with alcohol," she said. "It needs to be locked up. It's a drug."
Especially dangerous, Heverly said, is some parents' attitude that teens are going to find ways to drink anyway, so they might as well do it in the "safe" confines of home.
That approach gives the children a false sense of security, she said, making them think drinking isn't as dangerous as it really is.
The study noted an alternative to the criminal penalty: an errant parent could be made to pay the law enforcement costs for responding to these drinking parties.
Ordinances in some California cities provide that if a police officer, called to the scene of a house party, feels it is a threat to public health or safety, the parent responsible will be held liable for the cost of providing law enforcement services during a second or follow-up response.
The study said it found many adults allow underage drinking in their homes.
The increase in teens using alcohol at home comes as law enforcement has stepped up undercover operations to stop stores from selling liquor to minors. "As a result of their (law enforcement's) successful partnerships with local businesses, sale to minors compliance rates have improved by almost 30 percent in four years to 77 percent statewide," according to the study.
The state received a $9 million federal grant earlier this year to be used over the next three years for programs to prevent drug and alcohol abuse among children. Eighty-five percent of the money will go to community-based programs and the rest will be used by the state to evaluate whether or not the efforts are working.
In the 2003 survey of teens, the percentage of youths who said that in the last 30 days they had ridden in a car driven by someone who had been drinking dropped to 26.6 percent in 2003 from 35 percent in 1999. In 2003, 11 percent of those surveyed had driven after drinking in the past 30 days, compared with 17 percent in 1999.
The division said the number of DUI cases referred from juvenile courts to adult courts has increased, but not dramatically. In fiscal year 2001, there were 85 statewide referrals that fell to 80 in fiscal 2002 and then rose to 98 last fiscal year. In Clark County, the number of DUI cases involving teen drivers referred to district court increased from 15 in fiscal year 2001 to 19 in 2002 and to 26 last fiscal year.
The report said law enforcement officers often do not cite juveniles because of the time it takes. "From the first contact to the juvenile intake can take most of an officer's shift," it said.
"In many instances, the officers perceived that even when the officer took the time to go through this process, there was no meaningful consequence for the minor," said the division. "Therefore many officers simply call the juvenile's parent at the first point of contact, or drive them home and no citation is issued."
The division recommends the state require all sellers and servers of alcohol to complete state-approved training as a condition of employment At present Clark County is the only one to require mandatory alcohol server training.
Another suggestion calls for a tighter graduated driver's license in Nevada. The division's recommendation would not change the current age at which teens can get driving permits, 15.5. But teens would have to wait till 16 rather than 15.75 to get a full license.
Teens would also have to go 12 months without taking any passengers younger than 21. Currently, new drivers must wait up to three months before chauffeuring under-21 friends.
The study, which was ordered by the 2003 Legislature, says the law should be changed on furnishing liquor to a minor. It now prohibits a person who "knowingly" sells or gives alcohol to anyone who is under 21 years old.
The report suggests that word "knowingly" be eliminated. At present it said the state must prove that the defendant had actual or constructive knowledge of all the elements of the law, including the age of the purchaser, in order to sustain a misdemeanor conviction.
There is confusion within some municipal and justice courts about the terms "knowingly" and "constructive knowledge." The report said, "As a result, some jurisdictions are hesitant to support their local law enforcement when citations are issued to employees of liquor sales establishments."
As a defense, an employee can argue that he demanded and was shown identification, which was fake.
It said an electronic scan is likely to become more available in the future to check the age of an individual using a false ID card.
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