English Essay Assignment #4
Surname 2
Student’s Name
Professor’s Name
Course title
Date
Alcohol Law
Various issues surround the sale, distribution importation and safeguarding who should possess or purchase alcohol in different nations all over the world. Alcohol laws refer to the policies associated with the production, utilization or being under the influence of alcohol or other alcoholic beverages with ethanol contents. Numerous nations in the world have prohibited the sale of alcohol to any individual under the age of 18, while on other nations such as the United States, the prohibition is for the individuals of 21 years and below. There have been debates on whether it is right to allow the children to try alcohol, an aspect that has been termed by other individuals as a continental approach. Some people believe it is right to allow the children to sip alcohol not to feel left out while some believe that this can characterize their future lives on alcohol use. Also, the aspect will still be against the alcohol law that prohibits the use of alcohol among individuals. In the United States, the 21st amendment to the Constitution was established to repeal the prohibition in the United States. The amendment was to permit the sale, distribution, importation and provided statutes regarding who can possess alcohol within the state. The amendment has however been countered with certain laws that limit the sale, distribution, and use of alcohol in the nation. Alcohol laws allow alcohol use to persons within a certain age limit, regulate the sale of alcoholic beverages, govern drunk-driving and has set various measures and penalties related to serving alcohol to pregnant women.
The regulation to the use and sale of alcohol has been left in the hands of the state and local authorities in the United States. Various states in the nation have differed statutes that limit the sale and purchase of alcohol. According to the American Addiction Resource Centers, the federal government has established a policy that defines an alcohol beverage as any beverage that contains more than 0.05 percent alcohol, and numerous states in the nation have honored the policy (DeJong, & Blanchette 108). However, the issue is still characterized by certain variability within localities and states. Based on the reports, the different states have laws that govern the use and distribution of alcohol and also the various age limits that can use the alcohol within the states, making every state to have distinct characteristics of the alcohol law.
The Federal Uniform Drinking Age Act of 1984 is has been used to limit the age of individuals using alcohol. The policy established the minimum legal drinking age as 21 years (DeJong, & Blanchette 108). The law was enacted for all the states in the United States though there are certain exceptions based on individual states. According to studies by Fell, & Voas (195) drink driving was one of the primary causes of fatalities and injuries among individuals. However, the establishment of the law helped reduce such incidences through the implementation of the minimum drinking age limit. The aspect prompted a coalition of interest from different associations such as Mothers Against Drunk Driving (MADD) that exerted pressure on the states to raise the age limit to 21 (Fell, & Voas 195). The pressure forced the federal government to implement in the Uniform Drinking Act of 1984 that required every state to institute a minimum legal drinking age to 21 years. The law was not directed to the individual but the states. The non-compliance with the law had implications set by the federal government. For instance, the federal government can withhold certain percentages of federal funding to the states. Also, most states abide by the minimum standard law, but some states permit the children under the age of 21 years to drink by their parents, guardians or certain family members. Based on the research, the specifications determining who is a guardian to the children also vary from one state to another within the individual private residence or in the residence of a parent or guardian (Carpenter, and Carlos 133). The applications of these specifications are present within the websites of different states in particular localities. Thus, the law may vary from one state to another, but the minimum standards must be followed else the funding to the states who do not abide by the rules are withheld.
Drink driving has also resulted in the loss of numerous lives in the United States that has necessitated the use of alcohol laws to attempt and limit the use of alcohol among drivers. In the United, among the teens killed in car accidents, about 28% of the deaths have been caused through drunk-driving. Also, it has been established that about 64% of teenagers do not have their seatbelt on after using alcohol. Also, as these individuals, they have caused up to 40% of the deaths in the United States. The young individuals have been found to cause more of the accidents under the influence of alcohol. From 1875, over 24560 lives have been saved through the establishment of the minimum drinking age (Yörük, & Yörük 740). From the states that have instituted the policy, the number of deaths from such instances has significantly reduced. The states have changed the legal drinking age to 18 and 21. The statistics of drunk driving has confirmed that the establishment of the minimum drinking age law has reduced the number of fatal and non-fatal accidents that have been caused by teenage drinking and driving. Also, the use of alcohol blowouts has played an essential part in arresting the individuals who have been found driving while drunk. The aspect ensures that it detects a certain percentage of drunkenness that is not deemed right for individuals to drive and this has also significantly helped reduce the cases of accidents in the nations. The minimum age has however ensured that the teens do not get involved in drinking while driving because they are not allowed to consume alcohol, something that has helped reduce the high number of deaths.
Most nations have to drink driving policies that limit how much a person over the minimum age can consumer while driving a car. The amount can be determined through the blood alcohol content threshold ranges from 0.0% to 0.08%. The individuals with the alcohol content above this percentage are subject to arrest. The punishments involve fines, permanent and temporary loss of driving license and also imprisonment. There are other jurisdictions with the same jurisdictions for drunk sailing, and even bicycling. In most states in the United States, it is illegal to have an alcoholic container that is opened in any passenger compartment in a vehicle. All these policies aim to discourage the use of alcohol while driving and in travels that can result in accidents hence loss of lives. The policies have proved vital in most of these states and have resulted in reduced death cases in most nations all over the world. In Japan, new road traffic was passed in June 2002 that was established t reduce alcohol-impaired driving by decreasing the permissible blood alcohol content and enhancing the penalties of the individuals found guilty with the offense (Nagata, Toshiaki, et al. 19). According to Nagata (20), the number of traffic fatalities and injuries upon the implementation had reduced. The amount number of accidents caused by alcohol-related driving had reduced by 38% per billion kilometres driven.
Moreover, in the majority states have established these laws to prevent the sales of alcohol to the individual below the age of 21 and the operation of retail shops have authorized licenses that allow them to sell certain types of alcohol. The alcohol types can be wine and beer or liquor. Also, the bar attendants who should serve alcohol have their age limited to 21 years. The states also limit the number of drinks that one person can sell to an individual with most states have regulations on the retail sale of alcoholic beverages of businesses that permits them to sell different types of alcoholic beverages (Liebschutz 50). Based on the research, there are retail outlets that are only permitted to sell wine and beer while some can sell liquor based on the licenses that the business has acquired. Moreover, the persons who sell alcohol in the retail outlets may be of younger ages below 21 years, for instance, the cashiers in big retail stores that sell beer, wine, and liquor.
The purchase of the alcohol within states gets regulated through the Federal Uniform Drinking Age Act of 1984 that requires people to produce government-issued identification card with a picture to verify that the person is qualified to buy alcoholic beverages. Such states under this law prohibit the sale of the alcohol to the people within the identification card. However, the law may have distinct interpretations of acceptable forms of identification from one jurisdiction to another. There are strict regulations among different states associated with the use of happy hours or other special facilities that serve individuals alcohol. For instance, the regulations can limit the provision of the free-alcoholic beverages in combination with other alcoholic beverages under some special tag like the two-for-one drink specials or the provision of free alcohol after buying meals. Such special tags are often used to enhance the sale of alcohol among individuals and can also act as a centre of attraction to individuals under the age of 21 who can buy food and given with a combination of alcohol (DeJong, & Blanchette 108). The states have regulated this speciality among the vendors and have ensured that there are regulations established to limit the retail shops that can operate based on this combination. The regulation is through the provision of licenses that provides a vivid description of the type of sales or business that a person should get involved and the line of business they should practice.
The alcohol law has set penalties against the people who sell alcohol to pregnant mothers. In the United States, the policy is working in about 18 states. Moreover, there is another liability penalty established on a case-by-case basis in states where there is no particular law that prohibits giving or serving alcohol to expectant mothers. Based on the research by American Addiction Resource Center (2017), the issue has resulted into some controversy over time for instance in the State of New York that ruled that refusal to serve pregnant woman alcohol was a violation to the rights of individuals. Moreover, there are states with other unique regulations that may permit the authorities to charge a woman with a criminal offence if she has given birth to a baby that has a diagnosis of the fetal alcohol syndrome. The law was meant to prevent pregnant women from taking alcohol with the fear that giving birth to a child with the syndrome will subject them to being charged or jailed as a result.
The possession and the use of alcohol have also been regulated through certain alcohol laws. There are policies established against the sale of alcohol, that is, the violation of the statutes associated with the sale of alcohol to the minors and the possession of the alcohol with the individuals considered as minors. Also, the states regulate the people who can start businesses like running a bar where the main objective of the business is to sell alcohol to the people. The aspect is used to limit the number of people involved in the sale of alcohol in various areas and to ensure that those dealing in the sale of alcohol have the required statutes that guarantee that they do not break any rule that prohibits the sale of alcohol either to a minor or expectant women, depending on the states. Also, the regulations used to guarantee that these individuals do not get involved in the sale of alcohol through combinations. The premises are also prohibited for entrance among the individuals with ages 18 and below, though it varies from one state to another. The children considered minors are not allowed in such premises because they can be caught in possession of the alcohol and this will expose both the owner of the premises and the minors to penalties by the state.
The alcohol law has also been extended to campuses in different states in the United States and also in other nations all over the world. The harsh reality related to the consumption of alcohol is substantial and especially in the college environment that has facilitated the establishment of some laws within the institutions to prevent the use of alcohol. While striving to solve such problems or address the issues with underage drinking, the campuses have instituted certain laws that ban drinking for students on universities. The universities that have not established such bans have established programs that are used to teach the students against the consumption all of the alcohol and the effects it has on their health and their education (Carpenter, and Carlos 133). As much as the programs are used to ensure reduction on alcohol use among the students, from the search, it is still not clear whether the programs have a significant impact on their objectives. There are several problems associated with alcohol drinking on campuses that in most cases have proved difficult for officials within the campuses to resolve. Thus, as the bans are established, the students still find their ways out, but the aspect has at least created an awareness of the dangers of using alcohol and has helped in some states and campuses in most nations.
In conclusion, alcohol laws have had a significant impact on individuals in most nations. The number of deaths caused by accidents with drivers under the influence of alcohol has been significant in states with no such laws or where the governments have not taken keen interests in establishing policies against such acts. However, the establishment of the alcohol laws that require individual blood to contain up to 0.08 content of alcohol in their blood has ensured reduced cases of accidents, especially among teen drivers. Also, the establishment of the minimum drinking age has helped reduce the number of individuals under the influence of drunk driving, hence reducing the death cases. Moreover, the laws have ensured safety among the expectant women as the laws inhibit the sale of alcohol to such mothers with the ones who give birth to a child with the alcohol-related disorders are subject to imprisonment, and this has helped reduce the consumption of alcohol among the mothers in such a state. The alcohols laws have thus have had a significant impact on the safety of individuals all over the world. Even among the students in various universities, the ban has reduced the use of alcohol among the students in numerous campuses and this is a great aspect in enhancing the focus of the students in their courses and especially through the programs that are helping in the creation of awareness among the students on the dangers of alcohol use.
Works Cited
American Addiction Resource Center. “The Laws & Regulations About Alcohol." 2017, https://www.alcohol.org/laws/. Accessed 19 Oct 2017.
Carpenter, Christopher, and Carlos Dobkin. "The minimum legal drinking age and public health." Journal of Economic Perspectives 25.2 (2011): 133-56.
DeJong, William, and Jason Blanchette. "Case closed: research evidence on the positive public health impact of the age 21 minimum legal drinking age in the United States." Journal of Studies on Alcohol and Drugs, Supplement s17 (2014): 108-115.
Fell, James C., and Robert B. Voas. "Mothers against drunk driving (MADD): the first 25 years." Traffic injury prevention 7.3 (2006): 195-212.
Liebschutz, Sarah F. "The national minimum drinking-age law." Publius: The Journal of Federalism 15.3 (1985): 39-52.
Nagata, Toshiaki, et al. "Effectiveness of a law to reduce alcohol-impaired driving in Japan." Injury Prevention 14.1 (2008): 19-23.
Yörük, Barış K., and Ceren Ertan Yörük. "The impact of minimum legal drinking age laws on alcohol consumption, smoking, and marijuana use: Evidence from a regression discontinuity design using exact date of birth." Journal of health economics 30.4 (2011): 740-752.