While statutes prohibiting public intoxication have been part of the American legal landscape since the colonial era, New Hampshire has no such laws?..But that could change if the Senate passes a house bill to make underage intoxication a crime. While proponents say the measure is a sensible way to combat youth drinking, critics charge it erodes basic constitutional protections.
Representative John Tholl of Dalton says in his thirty years of police work he's run up against youth drinkers more times than he can count, and says he's often been faced with a basic dilemma.
'It's against the law for them to have alcohol in their possession opened or closed yet under the current law there is nothing we could about someone who is highly intoxicated because they?ve been drinking and just happen to drop the container and no to have it on their person.'
Tholl is lead sponsor of a bill that would eliminate that distinction by making underage intoxication a crime punishable by 250 dollars for the first offense and 500 dollars for each offense thereafter. Intoxication would be determined via a voluntary breathalyzer or field sobriety test. According to Concord District Court Judge Michael Sullivan the proposal is of a piece with a system wide reevaluation of how law enforcement and the courts are trying to approach substance abuse issues.
'Many of our young people are at risk?.With the grotesque consumption of alcohol?With the grotesque abuse of it?.And we?re trying to therapeutically bring a halt to it or at least ameliorate it.'
Critics however, see little therapy in the new provision. The threshold for the new law is .02 blood alcohol content ? one fourth the level needed to prosecute drunk driving offenses?.Claire Ebel of the state chapter of the America civil liberties union says the proposal will trammel 4th amendment protections against unwarranted search and seizure.
'Is the officer going to stop every group of young people who are boisterous? Every group of young people who are rowdy. Every group of two or more who are young people who appear that they might be underage. This legislation vastly expands the ability of police officers to intrude upon, to interfere with, to roust to harass and to intimidate young people.'
But Aiden Moore, Chief of the state liquor commission?s enforcement bureau, believes such concerns are overblown. Moore point out that breathalyzer testing outside of drunk driving stops is always voluntary??and Moore says police know the courts don?t look kindly on illegal arrests..
'If a judge were to see behavior on the part of law enforcement that?s unconstitutional, not only would charges be dropped but that municipality or the state would be subject to some sort of lawsuit. So law enforcement has as much interest in preserving the rights of individuals as individuals do themselves.'
The ACLU?s Claire Ebel, however, isn?t buying it. For her the proposal remains the worst sort of public policy.
It?s yet another example of the incredible coercive power of the state being used to try to force somebody to do something that they state believes they ought to be doing.
The measure is expected to be before the full senate in the coming weeks.
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