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Laws Discourage Young Designated Drivers

Young people who attend parties where alcoholic beverages are consumed by some but who abstain themselves to serve as Designated Drivers should be commended. However, in many states they are charged with possession or consumption of alcohol, arrested, fined, or have their licenses suspended. That’s severe punishment for being a Designated Driver.

The laws in many states presume persons under the age of 21 (including adults 18, 19 and 20) to be guilty under such circumstances and police doesn’t need to test them for evidence of drinking in order to charge them with illegal possession of alcohol. Police sometimes explain that it’s too much trouble to figure out who’s innocent and who’s guilty, so everyone should be arrested and punished. 

Isn’t it better to let a guilty person go rather than convict an innocent one?

The bogus charge can sometimes be successfully challenged if the person rushes to a doctor to get a blood or urine test to prove that they have not consumed any alcohol. But even this evidence may not be enough to prove their innocence of the charge;  in some cases the evidence must come from a police-operated breath tester.  Or the innocent young person may be charged with possession rather than consumption.

It appears that the number of states with  such  laws is increasing.

 

Source:
  • Martin B. Cassidy. Drinking law increases penalty for peer who abstain. Stamford Advocate, February 10, 2008.

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