Law change would offer protection to minors who call for help after drinking
Fear of getting in trouble often keeps underage students from calling for help for themselves or a friend who has been drinking, University of Michigan students say.
That's why many students favor legislation being considered at the state Capitol that would offer immunity from prosecution on alcohol possession charges to students who call for medical assistance for themselves or a friend.
Last week, the House Judiciary Committee passed the bill that aims to prevent young people from dying or suffering serious health problems from alcohol consumption because they are afraid to seek help.
Now, the measure moves to the full House for approval and then to the Senate.
Chris Ubokudom, 21, a movement science major at U-M, said he can recall past incidents in which friends argued over whether to call for help for a friend who had too much to drink. The hesitation was over whether the situation was serious enough to risk getting a citation for being a minor in possession of alcohol.
"They were worried it would jeopardize their future," he said. "It's a big issue."
Kendall Bell, 21, remembered a time when a student called for help for an underage roommate who had passed out after drinking. The inebriated roommate was treated at the hospital, but the police had responded to the 911 call as well, and so the roommate was issued an MIP. It caused a big falling out," Bell said.
"But you shouldn't be afraid to call police when yourself or your friend is in jeopardy," Bell said. "And I don't think the change to the law would increase drinking. If you're going to drink, you'll drink."
Under current state law, minors caught drinking alcohol for the first time face a fine with possible community service and/or possible substance abuse screening and treatment. For three or more offenses, jail time is possible.
Kristen Larcom, senior assistant city attorney for Ann Arbor, said officers don't currently offer immunity from the MIP to underage students who call for help for themselves or a friend who has had too much to drink.
"The police enforce the laws as they are written," she said.
Assistant city attorney Bob West said a case was prosecuted this week that involved a minor who called an ambulance for a friend who had passed out after drinking. Pursuant to protocol, both were given minor in possession citations by Ann Arbor police.
Ann Arbor City Attorney Stephen Postema said legislation that offers immunity in cases like these would be worth exploring.
Diane Brown, U-M Department of Public safety spokeswoman, said law enforcement officers have a duty to enforce liquor laws and would be guilty of a misdemeanor if they didn't. The court has a first-time offender program for underage drinkers that erases the violation from the record if followed. U-M's Office of Conflict Resolution also has alternative programs for those who violate drinking laws and rules which don't involve citations or police.
"That being said, we put safety first. We want people, especially students, to be safe and legal. So they always should seek medical help when necessary."
It was hard to find students on campus who didn't support the proposed changes to the legislation.
"If it would save people, it's a good idea, because underage drinking is so widespread," said Joslyn Devenney, 21, a history major at U-M.
"People won't call if they're scared about getting an MIP," said Sam Hartman, 20, a U-M statistics major. "Personal safety should be more important."
Max Zubrow, a 20-year-old economics major, also favored the legislation. "As long as they're being responsible, they shouldn't be in trouble," he said.
The Student Association of Michigan, a group that represents all but two of Michigan's 15 public universities, is behind the measure. East Lansing police chief Tom Wibert also spoke out this week on behalf of the legislation. Ann Arbor Police Chief Barnett Jones could not be reached for comment today.
The Associated Press contributed to this report.
Juliana Keeping covers higher education for AnnArbor.com. Reach her at julianakeeping@annarbor.com or 734-623-2528. Follow Juliana Keeping on Twitter
Comments
David Briegel
Wed, Oct 21, 2009 : 4:43 p.m.
Now you're up to Manslaughter for drinking!? Shocking! They made a mistake! The law should encourage and rehabilitate and not solely inflict punishment! That's way too Old Testament! Not one person suggested it was wise or OK to drink to excess. Not ONE! I encouraged and helped my kids to drink responsibly. My daughter is a sommelier! Oh, and I'm an atheist! And I would never punish the Good Samaritan!
Macabre Sunset
Mon, Oct 19, 2009 : 4:46 p.m.
You sound like one of those people who is always pursing his lips and shaking his head, David. I bet you even go to church. As I said, I think the law encourages bad behavior. So if you support the law, then you are supporting, wink-wink, underage drinking, because if the kiddies get into trouble they won't really be in trouble. Kids think they're invincible. They're certain they can handle heavy drinking, they won't be the ones who get sick. And now, if something bad does happen, which, of course will be to one of their friends, not them, there's no risk of punishment. It's not just about one kid here. Of course, once the deed has happened, the ideal focus for the individual is not to punish too heavily. But a major part of criminal enforcement is sending a message to others. And the message this law sends is that it's really OK to drink to excess. I feel sad that your kids won't help a friend in need if there's any risk of punishment. It does sound like extortion if to save your kids' friend, we have to pass a law granting them immunity from prosecution. Instead, it should be involuntary manslaughter not to get help, regardless of personal danger of prosecution. That would send a much stronger message and ultimately save a lot more lives.
David Briegel
Mon, Oct 19, 2009 : 2:36 p.m.
Macabre, How foolish to suggest that we are encouraging bad behaviour. I read no such encouragement on this board. The question is what to do once it has occurred and should the stigma of a crime be attached to the individual for life? "Miserable little lives"? "Spoiled little brats" "Entitlement society" "irresposible behavour" "extortion" You certainly do have a positive way with words for our youth! People who disagree with you "can't think through the problem"? Some people die from too much of this legal poison! I prefer "life"!
treetowncartel
Mon, Oct 19, 2009 : 6:32 a.m.
It is kind of ironic that someone of this age can leave a newborn baby at a hospital or firestation without fear of retribution, but getting help for friend who has imbibed too much can result in a rap sheet.
Macabre Sunset
Mon, Oct 19, 2009 : 4:22 a.m.
What's a shame is people who can't think through the problem. We're essentially encouraging irresponsible behavior by saying there are exceptions to the laws. For every child saved, and I'm not sure that number would be above zero, many more will be killed because people giving into this extortion are telling them it's OK to break the laws. They're not going to differentiate.
David Briegel
Mon, Oct 19, 2009 : 2:37 a.m.
You prefer the cost to be dead kids?! Shame!
Macabre Sunset
Sun, Oct 18, 2009 : 9:43 p.m.
In the long run, by undermining our laws, teaching our children that they are above the law, we are causing them far more harm. There is a significant cost to giving in to this type of extortion.
David Briegel
Sun, Oct 18, 2009 : 8:27 p.m.
Macabre, why can't you just say that saving a life is more important than the law or a silly ticket? Civilized? Christian? Moral? Forgiveness? What is it with those who have no compassion for a mistake? I come from a family of German drinkers and we were never taught how and when and where to drink. I love my family but shame on all of us for not being more realistic in these socialization matters!
notnecessary
Sun, Oct 18, 2009 : 5:41 p.m.
@macabre: This isn't an issue of the entitlement society. Don't get me wrong, I think today's kids are snooty and I don't think that our society as a whole is going in the right direction with our kids. I should know, I just recently graduated from College - I'm one of them. You say: A friend could be dying, and all they think about is whether they might get a ticket for a misdemeanor. Whatever that says about our society as a whole, we aren't going to change it quickly enough to save lives. However, a law like the one proposed here would just eliminate that thought. Maybe not the ideal situation, but its the realistic one.
Macabre Sunset
Sun, Oct 18, 2009 : 2:42 p.m.
"They were worried it would jeopardize their future," he said. "It's a big issue." This quote is a perfect illustration of the entitlement society. We are teaching our children that they are entitled to everything, with no responsibility whatsoever. A friend could be dying, and all they think about is whether they might get a ticket for a misdemeanor. The problem started when the kid made an irresponsible choice to break the law. Now, they would rather watch a friend die than take responsibility for that choice. And we are so jaded. Our expectations of these spoiled little brats are so low that we are willing to give them a pass for breaking the law just to try and save one of their miserable little lives. We can argue about whether Europe has superior laws about alcohol consumption. I would agree, for the most part. But this law is basically giving into extortion.
John Galt
Sun, Oct 18, 2009 : 2:10 p.m.
Prosecutors and police departments should be using good judgement in deciding whether to prosecute based upon calls for assistance. Passing a law seems like a "one size fits all" solution. Do we have some examples of outrageous prosecutions of minors who called for assistance? Are there instances where prosecution is called for (perhaps those holding multiple under age drinking parties at a location over time, etc?) The danger here might be that we tied the hands of law enforcement in policing underage drinking.
notnecessary
Sun, Oct 18, 2009 : 1:51 p.m.
For the "just follow the law" crowd: Look, it's just not going to happen. That's really as real as it is. It's already against the law, and people are already violating the law. I suppose we could increase the penalties for getting caught as a MIP, but is that really necessary? I doubt it - it wouldn't stop those hell bent on getting alcohol. My reasoning? Look at cocaine possession laws - its pretty rough if you get caught with some coke. BUT, people still do it all the time. Same with Marijuana (if you're outside of city limits or on campus). It is pretty hard to change cultural aspects by outlawing them. This proposed legislation just makes sense. The fears that the students confessed in this article are very real and they do happen a lot. I'm not sure exactly what the counter-agrument is against this.
David Briegel
Sun, Oct 18, 2009 : 1:25 p.m.
How about we teach young people how to drink responsibly? How about we pretend we are a civilized nation that cares about our young people? How about we show them as much concern as we seem to have for unwanted fetuses? Imagine? Remember, Europe is civilized!
steve339
Sun, Oct 18, 2009 : 12:22 p.m.
How about the underage people just wait until they are 21? Once again we make changes to coddle our youth instead of making them responsible for their actions. So then I think we should make a law that allows us to call the Police for help when we get caught for speeding. Wait, if I just followed the law, then it would be a moot issue. Yes, it is a tragedy when young people die, BUT IT COULD HAVE BEEN AVOIDED. Teach the young to be responsible for their actions. They know it could mess up their future and they do it anyway-this is not being responsible.
Ignatz
Sun, Oct 18, 2009 : 10:38 a.m.
Finally, something that makes sense. This country has an odd way of dealing with drinking. Maybe we can start to handle these issues rationally, like they do in Europe.
NB1970
Sun, Oct 18, 2009 : 8:20 a.m.
Where did you get that preposterous hypothesis? Did Steve tell you that, perchance? Steve.
hiphopopotamus
Sun, Oct 18, 2009 : 8:04 a.m.
Or, they could not get completely trashed and remain in control of their own bodies. And none of this would be an issue.
Hactin
Sun, Oct 18, 2009 : 7:52 a.m.
This assistance is necessary. Warning, do not put drunk people alone in a cab. There are others who prey on underage drinkers. I took a cab ride home from Main St. and met a talkative cabbie who boasted as we passed the Frat Houses, that - on more than occasion he had extorted cash from drunken minors who had been put in his cab, just to get them home safely, after overdrinking at a frat party. He said that he got $150 both times and that it was easy. He just threatened to take them to the police station. Do you think that he told me everything? What if your daughter had been put in a cab?