February 2011 Archives

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Jack Mizer's prison sentence after receiving a DUI might have seen harsh, at first. There are, after all, plenty of cases in which such egregious conduct drew lighter sentences. In Gilbert, for example a young man who was drunk when he killed a police officer in 2006 received less than half that time in prison.But drinking and driving had landed Mizer in prison before. And prosecutors said his behavior left them little choice but to ask for a harsh penalty when he was sentenced earlier this month. It was his ninth drunken-driving conviction.

Mizer's case highlights a persistent problem, experts said. Though Arizona's drunken-driving laws are touted as the nation's toughest, it has proven extremely difficult for authorities to prevent alcoholics from ignoring court orders and state laws.

Short-term remedies like Breathalyzer locks and license revocations to keep people from climbing behind the wheel do not ensure that drivers, particularly alcoholics, will adhere to their punishment or seek treatment. The only real insurance is vigilant police or concerned citizens.

Mizer's, according to court records, is a textbook case. He was an admitted alcoholic who repeatedly drove despite the fact that his license was suspended.

Mizer, 58, had been out of prison fewer than six months after serving an eight-year prison sentence for drunken driving when he was stopped by a Gilbert police officer last February. He was cited for aggravated DUI and driving with a suspended license.

Six months later, Mizer was arrested again for the same offenses after a man saw Mizer escorted out of Dub's bar and restaurant in Mesa. He was placed on a bench near a Circle K before he "stumbled across the parking lot to a white truck" and drove home, according to court documents.

The witness followed Mizer home, saw him weaving across the center line, and called the police after Mizer pulled his truck into his driveway. When police arrived, Mizer was passed out behind the wheel with the keys in the ignition, according to court documents.

Now, Mizer will be in his 70s when he is released from prison.

Although Mizer's sentence was unique, experts said there are many other drivers like him.

Nationally, about 15 percent of drivers convicted of DUI will reoffend, said Kelly Larkin, executive director of Mothers Against Drunk Driving in Arizona. During the course of its DUI enforcement last year, the Governor's Office of Highway Safety found that more than 1,600 - or nearly 10 percent - of the 18,000 drivers cited for DUI reported having a prior conviction.

But the amount of time drivers are drunk behind the wheel before they are caught is of a greater concern to Larkin.

"The average driver drives drunk 87 times before their first arrest," Larkin said. "The chances of it being their first time are probably pretty slim."

One potential law-enforcement solution is a repeat-offender program operated by the Maricopa County Attorney's Office, which aims to identify and target drunken drivers who are caught frequently.

The program is crucial in the Valley, where a driver can be cited for DUI by up to 20 different police agencies, plus county sheriff's offices and the Arizona Department of Public Safety, and end up in more than a dozen different court systems.

The courts check state Motor Vehicle Department records to determine if a suspect's right to drive is cancelled, revoked or restricted because of a DUI conviction, said Aaron Harder, chief of the county attorney's Vehicular Crimes Division.

If any of those factors are true, or if the driver was convicted of a DUI within the past seven years, the suspect can face felony charges of aggravated DUI, Harder said.

Mizer, having already served time in prison for felony drunken driving, was considered a repeat offender, a factor that led to his 20-year prison sentence.

"Frankly, it amazes me that he has not been involved in a collision or seriously injured or killed someone. It astounds me," Harder said. "He's just been fortunate."

Yet letters written to the judge before Mizer received his sentence indicate he left victims behind, including his son.

"Jack is a good man, but he is a very lonely man," Mizer's girlfriend wrote in asking the court for leniency. "I think what happens is that the loneliness sets in, and he clings to that bottle."

In a legal proceeding conducted entirely by phone, the sheriff's deputy described how he'd pulled over the Blair, Neb., man for speeding and smelled alcohol.
The driver then blew more than double the legal limit in a breath test.
Defense attorney Randy Paragas didn't even bother questioning the officer about things like probable cause for the stop. In these administrative license revocation hearings, only two things matter: Was the accused driving? Did he fail an alcohol test?
The whole thing lasted 10 minutes, and days later, the State of Nebraska made it official, yanking the driver's license for 90 days.
Safety advocates say there's no doubt administrative license revocation has been a critical weapon in the battle against deadly drunken driving, making DUI punishment much surer and swifter. That's why many are now alarmed to see the law facing possible repeal in the Nebraska Legislature.
As state lawmakers ponder a crackdown on drinking and driving, one of the most important debates may be whether or not to keep a system that for almost two decades has been central to the state's strategy. It comes down to disagreements over what's the best approach to quickly get and keep drunken drivers off the road.
A bill pushed by the speaker of the Legislature and Nebraska Attorney General Jon Bruning would replace administrative license revocation with a new DUI procedure based on ignition interlocks -- devices that prevent a vehicle from being started if a driver has drunk too much.
Backers of the bill say administrative license revocation has become a costly, duplicative process in which defense attorneys play games to stall suspensions, and police officers log thousands of overtime hours involved in them. Many drivers whose licenses are revoked just drive anyway.
"I think it's time to reform ALR -- and by 'reform' I mean get rid of it,'' said Hall County Attorney Mark Young.
Supporters of the procedure say the bill would substitute an unproven strategy for one already shown to speed punishments, boost conviction rates, deter other drinkers and save lives.
"This represents an unprecedented risk in terms of public safety,'' said Marty Conboy, Omaha city prosecutor. "It would be a huge step backwards.''
However it appears there may be ways short of gutting the administrative license revocation system to achieve the goals of increased interlock use and fewer costly hearings. In interviews with national safety experts, program administrators in Nebraska and other states, and attorneys familiar with the process, The World-Herald identified ways to streamline the procedure and better integrate fast-advancing interlock technology into it, including:
� Increase the length of such revocations to boost the time offenders use interlocks. First-time Nebraska offenders are allowed to drive for the last 60 days of their 90-day revocations if they obtain interlocks. That's a period so short, many drivers say they'll just wait out the full suspension -- and then maybe drive anyway.
Interlock use for most first-time offenders under administrative license revocation spans six months in Iowa, eight months in Colorado, 11 months in Kansas and up to a year in New Mexico. Iowa and New Mexico both allow most first-time drunken drivers to use interlocks from day one, a further incentive.
� Have the state administer interlock installation through the administrative license revocation process, which is what happens in many states. In Nebraska, a driver must first obtain a court order.
� Have the police officer's sworn report substitute for direct testimony in hearings.
In recent interviews, both sides in the revocation debate said such proposals merit consideration.
"These are things we need to look at seriously,'' said Mike Flood of Norfolk, speaker of the Nebraska Legislature and sponsor of the repeal bill.
Jim Fell, a longtime administrator with the National Highway Traffic Safety Administration, said those who want to eliminate administrative license revocation may be forgetting what ultimately prompted 40 states and Washington, D.C., to adopt the system in the first place.
Those who are charged would do anything to stay on the road. Court cases often dragged on for more than a year. Prosecutors often were willing to accept pleas to lesser charges such as reckless driving to keep cases from tying up courts.
As a result, a Reagan administration blue-ribbon panel in 1982 recommended creating a separate legal process in which state motor vehicle departments would take action against the licenses of drivers who fail or refuse to take breath tests.
While drivers still are given hearings and other due process rights, they don't receive all they would be due in court. The idea is that a license is a privilege granted by the state, not a right. The court case continues, with the driver also facing possible fines, jail time or probation.
Under the administrative license revocation law Nebraska passed in 1992, police officers immediately confiscate the license of anyone arrested for drunken driving and issue a 30-day temporary license.
The temporary license creates a window for a driver to exercise his right to a hearing before a Department of Motor Vehicles hearing officer. Those who don't request hearings or lose at their hearing are left without a license when the temporary expires. Anyone losing in a hearing also can appeal to district court.
License revocations for most first-time offenders last 90 days, at least 30 days of which is a "hard suspension,'' with no driving privileges. After that, drivers can get an interlock or work permit to drive for the duration.
More than 80 percent of the 13,000 drivers arrested annually for drunken driving in Nebraska have licenses revoked under administrative license revocation.
Studies have found the prospect of license suspension does serve as a general deterrent to driving drunk. Since the passage of administrative license revocation in Nebraska, alcohol-related crash injuries are down about 41 percent and fatalities have fallen 16 percent, saving about 16 lives a year.
The procedure also appears to have contributed to a jump in Nebraska court convictions for drunken driving -- up from 54 percent in 1992 to 86 percent in 2009. Some defense attorneys say the incentive to fight cases in court fell off once drivers started losing licenses under the program.
"Losing the license just takes the fight right out of them,'' said Paragas, the Omaha defense attorney. "They think, 'You can't do anything worse to me.'"
Though Omaha has always had a high DUI conviction rate, the number of cases going to trial dropped more than 75 percent after administrative license revocation passed, Conboy said. Conboy said conviction rates have skyrocketed in cash-strapped rural counties that routinely plea-bargained DUI cases.
But there's a growing discontent about administrative license revocation within the state's association of county attorneys. Some members complain that defense attorneys sometimes use the hearings to aggressively interrogate officers, looking for an advantage in upcoming court cases.
Almost half of all Nebraska administrative license revocation cases result in hearings, which national experts say appears higher than is typical. Some attorneys may request hearings in hopes the officer won't show up, causing the case to be dropped.
The hearings also can be costly for local police agencies. While most officers who make DUI arrests work at night, administrative license revocation hearings are held during the day, resulting in hours of overtime pay.
The revocations don't always stop drunken drivers from getting behind the wheel, something even advocates of the program acknowledge. One study estimated that more than 80 percent of drivers continued to drive while on suspension. That can have tragic consequences. An Omaha newlywed suffered fatal injuries last fall in an accident caused by a man who was driving drunk despite an administrative license revocation suspension.
Flood said that's one of the big advantages of his proposed repeal, Legislative Bill 667. Upon arrest, a drunken driver would have his license impounded as a condition of bail, and if he wanted to continue to drive, he would have to get an interlock installed at his expense.
The court case would proceed. The court still could revoke the license, but it appears unlikely most first-time offender drivers would continue to receive "hard'' suspensions. Under state criminal law, most first offenders receive probation and can get interlocks from the start of court-ordered revocations.
Backers of the plan say it would save the state money and better keep drunken drivers off the roads. But Flood acknowledged it faces hurdles.
Defense attorneys say courts could well find constitutional problems with requiring interlocks as soon as a driver is arrested. The bill would impose a penalty on all drunken drivers before they've had any hearing at all on the merits of the charge.
And with DUI sanctions again totally dependent on courts, opponents of the bill fear that Nebraska could return to the days of strung-out cases, frequent plea bargains, low conviction rates and little deterrence.
Opponents also say much of the overtime that officers currently run up testifying from home by phone would often be replaced by even more overtime waiting around courtrooms.
Repealing administrative license revocation also could put Nebraska out of compliance with federal highway safety law, risking $1.3 million in federal drunken driving enforcement dollars. That's one reason why Mothers Against Drunk Driving's Nebraska chapter, which once backed Flood's plan, no longer supports repealing administrative license revocation.
But it does appear there is much room for Nebraska to streamline and improve the procedure.
Missouri has developed a system in which a step-by-step form prepared by the arresting officer serves as his testimony in hearings and subsequent appeals.
Nebraska also could stop allowing an automatic stay of revocation for drunken drivers who appeal their administrative license revocation cases in district court, often a delay tactic.
As an incentive to obtain interlocks, Iowa allows most first-time drunken drivers to get interlocks right away under administrative license revocation but requires six months of use. Kansas and Colorado retain 30-day hard suspensions but require even longer interlock use.
Diane Riibe of Project Extra Mile, an Omaha group devoted to stopping underage drinking, said all Nebraskans will be safer if lawmakers improve administrative license revocation rather than kill it.
"It's not ALR versus ignition interlocks,'' she said. "We can have both. And we should.''
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Mariana Correa believes there are local liquor stores that sell alcohol to any customer, regardless of their age.

Correa, a Perth Amboy High School senior, is trying to prevent that.

As vice president of the Perth Amboy Youth Alliance, which promotes safe and healthy lifestyles for high school students, she has gone to liquor stores in the city to place bright neon-green stickers on boxed packages of beer and wine coolers urging buyers not to give alcohol to underage drinkers.

"I want to prevent underage drinking," said Correa, adding she doesn't want to see any of her classmates harmed by illegally drinking alcohol.

Correa and other youth alliance members are participating in the Sticker Shock Campaign, a New Jersey Prevention Network program aimed at reducing underage drinking and taking action toward its prevention by targeting adults who might provide alcohol to minors, while also informing them about the penalty of those actions.

The "Keep It Legal" stickers remind liquor store owners and adults who buy alcohol that it is illegal to provide alcohol to anyone under age 21. Those who do provide alcohol to minor can face up to six months in jail or a $1,000 fine.

Youth Alliance members, accompanied by Lis Mery Ramirez, the municipal alliance coordinator, recently visited several liquor stores along Smith and State streets in Perth Amboy to distribute bilingual stickers and posters provided by the National Council on Alcohol and Drug Dependence of Middlesex County. The students placed the bright green stickers on the merchandise to alert the public.

"We have stickers in English and Spanish. We bring kids to the liquor store and place them on boxes of beer and wine coolers," Ramirez said. "We want to make sure everyone gets the message."

The stickers are not placed on individual bottles, she said.

"We want to make people aware if they do sell it, it can have consequences," Ramirez said.

"It's not a form of protest. It's a form of education," said Ramirez, adding the students also leave literature for the store owner.
Some stereotypes never die, and Stephen Wallace has to keep knocking them down.

As a national speaker on substance abuse and underage drinking, he said parents living in the suburbs still get shocked that their kids could be involved in risky behaviors.

"I have all these parents coming to me after I speak, saying they are so happy that I can reach out to other kids with those problems because their Sally or Johnny would never think about participating in those behaviors," said Stephen Wallace, author of Reality Gap: Alcohol, Drugs and Sex -- What Parents Don't Know and Teens Aren't Telling. "Then sometimes after I speak, Sally and Johnny come to me saying they are happy I talked about the subject because they are engaging in underage drinking but they feel scared to talk to their parents. Underage drinking is an epidemic everywhere, and parents need to know that."

Alcohol remains prevalent among today's teenagers nationwide, with 72 percent of students consuming more than just a few sips by the end of high school, according to the U.S. Department of Health and Human Services.

Wallace, chairman and CEO of Students Against Destructive Decisions, or SADD, will provide parents with practical advice at 7 p.m. Tuesday at Nazareth College's Shults Community Center in Pittsford, when he will speak about effective communication between parents and teens.

"If the average age a kid first drinks is 13, then that means parents can't wait until high school to have that conversation," said Wallace.

Children who start drinking before 15 are four times more likely to become alcohol-dependent, seven times more likely to be in a car accident, and 11 times more likely to be involved in alcohol-related violence later in life than people who wait until 21, according to a Johns Hopkins Bloomberg School of Public Health study.

"This is a tough subject, so we have to arm parents with all the information they need to talk with their kids," said Dale Cameron-Kody, community wellness coordinator for the Pittsford Central School District.

Since 1990, Monroe County has put out an anonymous youth risk behavior survey every two years, which samples high school students in 18 districts.

The last recorded local survey in 2009 was completed by 1,820 youths. Thirty-two percent engaged in binge drinking --more than five drinks in a row within a couple of hours -- during the 30 days before the survey.

Those figures don't surprise Genevieve Yaeger, a junior at Pittsford Sutherland High School. She hears stories about weekend underage drinking parties.

She said students think they can't have fun without getting drunk.

"Students are still struggling to get alcohol and drugs out of their lives," said Genevieve, 16, a member of the Pittsford Alliance for Substance-Free Youth. "We have to teach teens that one wrong decision might ruin their lives."

A 24-hour anonymous, confidential Underage Drinking Tipline is set up in 13 counties, including Genesee and Monroe. By calling (800) 851-1932 or (585) 343-1932, people can report underage drinking parties and the call is dispatched to local police. Since 2006, the center has received 1,028 calls.

"And it's not all from parents. We have gotten calls from kids who were worried about the safety of their friends," said Mary Ann Bowman, director of prevention for the Genesee/Orleans Council on Alcoholism and Substance Abuse.

As a Pittsford student, Genevieve has advice to parents: Remember where they came from.

"Remind your kids that you used to be just like them, and even share personal experiences if you struggled with alcohol or drugs," she said. "It's always better if you can relate to your child instead of just lecturing them, because that never works."
Legislation recently introduced in the Rhode Island Senate would help to reduce state's 'epidemic' of drunk driving accidents and fatalities, Providence lawyer Mark Gemma says.
Providence, RI February 25, 2011

A bill recently filed in the Rhode Island Senate would decrease the risk of drunk-driving accidents by increasing the state's DWI penalties, Providence car accident attorney Mark Gemma said this week.

"Let's face it: We have an epidemic of drunk driving accidents and deaths in this state, and this bill represents the type of aggressive action we need in order to cure it," said Gemma, a lawyer with the firm of Gemma Law Associates, Inc., who represents DUI / DWI accident victims and their families throughout the state of Rhode Island.

"This bill, in particular, would crack down on repeat offenders who either don't care or don't realize that they're putting so many innocent motorists at risk with their reckless conduct," Gemma said. "Hopefully, knowing the penalties they will face if they're caught will get these habitual drunk drivers off our roads and eliminate the car accidents they cause."
State senators from Smithfield, Johnston and Pawtucket introduced the bill, S.B. 0028, at the start of this year's session to revise Rhode Island's DWI laws. The bill would:

Strengthen the penalty for a person with a suspended or revoked license who is caught driving intoxicated or refusing a breath test. The punishment would include a fine of up to $3,000 and up to three years in prison.

Establish a minimum 30-day prison sentence for anyone who is convicted of driving with a blood-alcohol content (BAC) of 0.15 or higher.

Impose greater punishment for those who repeatedly refuse to give breath tests. An offender would face a mandatory six-month prison sentence for two refusals within a 10-year period and could face a felony charge and up to five years in prison for a third refusal within a 10-year span.

Require certain convicted drunk drivers to have ignition interlock devices installed in their cars in order to get their driver's license back. This device involves a breath test. If the test registers a BAC above a certain level, the car will not start.
"These are stiff penalties, and it's about time," Gemma said. "Our law firm has represented many families through the years whose lives were devastated by drunk drivers. The victims of drunk drivers are the ones we're most concerned about protecting."
As recently as 2004, Rhode Island ranked first in the country in the percentage of traffic fatalities related to drunk driving. The latest statistics from the National Highway Traffic Safety Administration show that drunk driving contributes to 40 percent of the state's annual traffic fatalities.

"If a negligent driver injures someone while driving drunk, they need to be held accountable," Gemma said. "Our law firm also believes strongly in making sure that drunk driving victims and their families are fully and fairly compensated for their financial losses, physical pain and emotional suffering."

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Some state lawmakers say there are more bills cracking down on DUIs in this legislative session than they have ever seen.

"I've never seen a legislature that is more serious about an issue that a DUI issue is at this time," says Senator Carol Williams (D-Missoula).??Republican legislative leaders believe this session will tighten up Montana's DUI laws, but the change won't be drastic.

"I don't think there's going to be these draconian measures come forward. There's no will to do that. I think there will be some things to make it a little more difficult. I am very troubled with the fact that DUIs in alcohol are very easily tested and marijuana isn't," commented Sen. Bruce Tutvedt (R-Kalispell). "There is no easy tests, so there appears to be a double standard between drugs and alcohol."

Some of the potential changes include treatment for first-time offenders and allowing police to get warrants for blood and breath samples on the second offense.
"They get at the situation of the second offense. So, you get it before people get into this terrible pattern of not understanding how serious these problems are and that they get into you know their 12th and 13th offense, which is the thing I think the folks in Montana are so outraged about," Williams told us.

"I think what people want is to go after that higher number, The .15 those higher numbers, get those people that are really breaking the law, get them off. I would go after that. But to just go after that guy that after work is at .09 and put him in jail, I don't have any will to do that," Tutvedt said.

Williams says she believes the most effective bills are those targeting first and second offense DUIs and then helping those people to get treatment so they won't reoffend.

A new federal study shows students between 12- and 14-years-old have had a drink in the past month. The study goes on to say that those who drink before 15-years-old are six times more likely to develop drinking problems.

It's a crisis for parents, who may many times feel helpless.

Ben Shifrin, Head of Jemicy School, joined Megan and Charley on Good Morning Maryland at Nine to offer parents and schools tips for making their classrooms and homes safe.

Below is a list of tips Shifrin offers parents:

� Talk to your teen about drugs and alcohol and clearly state your family's rules regarding underage drug and alcohol use. Research shows that kids are less likely to use these substances if parents have these conversations with them.

� Know who your kids' friends are and keep the lines of communication open with the friends' parents. Don't hesitate to call other parents to ask if they will be home during a party and if alcohol will be served.

� Monitor your child's digital communications. Facebook and text messaging are their main modes of communication with each other.

� It is okay for parents to randomly drug test their child. It is easy to purchase a kit at the local drug store. Explain to your child that they can stay out until midnight on Friday, but that they will be tested randomly. Explain that it is not because you don't trust them, but because you want to keep them safe.

� Be aware that a new drug trend for teens is using prescription medications to get high. Be cognizant of the medications in your own home and promptly dispose of old or unused medications.

� Schools need to maintain a clear policy about drug and alcohol use and the consequences that come with violation of the policy. Consequences must be enforced consistently in order to make students think twice before committing a violation.

� Another way schools can help is by bringing in outside experts to present programs designed to help students make intelligent, healthy choices about alcohol and other drug use.

� If you do catch your child with drugs or alcohol, it is vitally important to use this as an opportunity for education. Emphasize the negative health implications of exposing their bodies to these substances. 

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House Bill 27
What the bill would do: Mandate alcohol testing for people suspected of driving under the influence. 
The latest: The bill received preliminary approval from the Senate. It previously passed the House. 
What's next: It comes up for a second Senate vote today.

A bill to mandate alcohol testing for people suspected of driving under the influence passed its first Senate test Wednesday.

House Bill 29, which previously cleared the House, gained preliminary Senate approval on a 19-10 standing vote. It comes up for a second Senate vote today.
The bill would repeal the state's 50-year-old implied consent law. That law says that by possessing a driver's license, the owner gives consent to testing for alcohol levels.
Refusal means suspension of the driver's license for six months for a first offense and 18 months for a second offense.

Supporters of the bill, including prosecutors and law enforcement officers, claim drivers have learned to refuse the test to avoid drunk driving convictions. They argue license suspensions are not a deterrent to these drivers.

The bill, which is aimed at repeat offenders, was patterned after a law adopted in South Dakota.
On Wednesday, the Senate adopted an amendment to the bill from Sen. Drew Perkins, R-Casper, to require law enforcement officers to get a search warrant if a driver refuses a test.
Injecting a representative of the judicial branch into the process helps protect drivers' rights, Perkins said.

The search warrant can be transmitted electronically, he said. The amendment, Perkins said, puts the offense of drunk driving on a level playing field with any other crime. "The search warrant is a vital part of the bill," Perkins said.

Despite the amendment, Sen. Charles Scott, R-Casper, and others questioned whether the bill encroaches on the Fourth Amendment rights of citizens against unreasonable searches.
Sen. Bruce Burns, R-Sheridan, said the bill does that and is far too radical a step.
If a driver refuses a test, Burns said, the driver will be taken bodily to the police station for a Breathalyzer test or to a hospital where the driver will be strapped down for a blood draw.

"I think it goes way too far, way too quickly," Burns said.
Burns said a less drastic solution would be to increase the driver's license suspension time for refusing a test to as high as one or two years.
Sen. Leland Christensen. R-Alta, said license suspensions do not keep people addicted to alcohol from driving drunk. Christensen said Wyoming citizens want to get drunk drivers off the roads.

Senate Majority Leader Tony Ross, R-Cheyenne, is an attorney who has had a longtime contract with the city as a public defender in DUI cases before the municipal courts. Although there has been testimony that prosecutors in Teton County choose not to pursue drunk driving cases without a breath or blood-alcohol test, that isn't the case in Laramie County, Ross said.
Ross said the bill presents a policy question for the Legislature. A better policy, he said, may for prosecutors to aggressively prosecute suspected drunk drivers who refuse tests.

It took 35 years and 12 DUI convictions for Gyme Kelly of Lake County to receive an extensive prison sentence.

Kelly committed all of his DUIs in Montana, with his first one back in 1976.

Driving under the influence of drugs or alcohol, we see the results of this choice tearing apart our Montana communities multiple times a year.

"Some of the most painful cases you ever see in a court room, from all angles, are the ones where somebody is hurt as a result of that choice," says Judge Deborah Kim Christopher, Lake and Sanders County District Court. "From watching the amount of pain, I would still continue to recommend please don't drink and drive."

Thirteen months in the Montana Department of Correction, plus a five year suspended sentence - that's the maximum a judge can impose on someone convicted of a felony DUI.

"You have to sentence them to 13 months. The department of corrections is then suppose to put them in an appropriate placement, presumably a treatment facility, which the department of corrections has one that they call Watch and that's a 6 months program," Christopher said.

So if the offender successfully completes that program, the rest of their 13 months sentence can be served on probation.

"And then they tip over into that second portion of the sentence, which is up to 5 year commitment to the department of corrections which is all suspended," added Christopher. "So it's possible to get DUIs and have them be treated almost like a first felony DUI multiple times."

This 13 month DOC and 5 year probation sentence doesn't typically change, even in multiple DUI convictions, the only way it could change is if the county attorney's office files what's called a "persistent felony offender notice."

"That's only filed in situations where it works, which means you have a prior felony within 5 years prior to the commission of this one, or you're still pending and serving a sentence in that earlier felony," said Christopher.

In this situation the maximum sentence can be up to 100 years in the Montana State Prison.

Prosecuting DUI offences can also be challenging and one of those problems is proving someone had prior DUI convictions.

"We usually have to be able to prove that they were either represented by an attorney on those prior convictions, or that they waived the right to an attorney, and that usually requires a written waiver, there have to be records. That's often difficult to prove, particularly if someone's prior DUI occurred in another state," says Fred Van Valkenburg, Missoula County Attorney.

So the sentence someone receives could change from the time they were charged with the DUI to the time they're sentenced for it.

"If we do deviate somewhat from a standard sentence, it's usually because we don't have as strong a case as we would like to have and it's better to get a plea of guilty to something (with a slightly less serious sentence associated with it), so that you hold people accountable for their actions," said Van Valkenburg.

"You may have a legal right to do it to a certain point, until you're unable to safely operate a motor vehicle, if you're wrong it tears up lives." Christopher said.

Van Valkenburg also says prosecutors look at numerous factors to make sure they have enough evidence to hold someone accountable for driving under the influence.

"The most important thing that we look at is the driving behavior of the person who's been charged and then our ability to prove in some fashion or another that someone is under the influence," Van Valkenburg said.

This proof usually comes from a breath sample.

Prosecutors also look at how someone performs on tests officers conducted on the side of the road and at the jail, such as the one-legged stance and walking heel to toe.
ALBANY, GA -- It's never too early to talk to your child about drunk driving.

In part one of our special report, "Driven to Drink," we introduced you to Ron, who pretended to be drunk. He was stopped by a couple of good Samaritans who had good intentions. However, Trooper Earl Prince with the Georgia State Patrol says that may not be the best way to go about the situation.

Instead, you can call *GSP (*477) and be connected to your local Georgia State Patrol post. Give them as much information as you can about the car and the impaired driver. Then, he said, if you can, stay with the vehicle because they will dispatch an officer and it's easier to locate that driver if they know exactly where to go.

Lt. Terron Hayes with the Dougherty County Sheriff's Office says that alcohol is getting more popular with the younger generation. In fact, 76% of elementary school students here in Dougherty County have experimented with alcohol.

Lt. Hayes says there's only so much support they can give children out in the community, but it's really up to the parents to talk with their children and make sure they understand just how alcohol can impair their judgment and actions.

POSSIBLE SIGNS OF DRUNK DRIVING:

Straddling center lane or lane marker.
Almost striking and object or vehicle.
Taking extremely wide turns.
Weaving from one side of the road to the other.
Driving on the wrong side of the road or on the shoulder.
Driving at very slow speed - at least 10 mph below the limit.
Following another car too closely.
Narrowly missing another car or object by passing too closely.
Braking erratically.
Driving without headlights.
Signaling inconsistently with what they are doing.
Stopping inappropriately in places such as at green lights and crosswalks with no pedestrians, etc.

What To Do

Stay far behind the suspected drunk driver.
Get out of the way and expect the unexpected.
Wear your safety belt (and make sure that any children or other passengers have their safety belts fastened as well) - It is one of your best defenses against a drunk driver.
Stop right away and look for a phone.
Report suspected and impaired drivers to the state or local police by dialing 911 or *SP on your cellular phone. Give the location, direction of travel, and description of the car and driver's behavior.

What Not To Do:

Do not try to pass the car!
Do not try to stop the vehicle.
Do not follow too closely. The car may stop abruptly.
Do not attempt to act in the capacity of the police. Do not try to detain or confront the driver. Call the police and let them take care of it! 
If everyone made a commitment to give the police the information they need to find and arrest drunk drivers, it would be like every police officer had an extra set of eyes. Take a stand against drunk driving! 
Although the correlation between alcohol use and vehicle accidents is well-documented, many young Virginians get behind the wheel with a false sense of immortality. Although car crashes are the worst consequences of drinking and driving, it has never carried a heavy legal cost. That has now changed.

State lawmakers sent a strong message by passing SB 770 and HB 1407, which make underage drinking and driving punishable as a Class 1 misdemeanor. Previously, it only rose to the level of a Class 2 misdemeanor, which called for a license forfeiture of six months and gave the judge the option of punishing the offender with a $500 fine or community service. No more.

The law will mandate the forfeiture of the driver's license for a year and impose a mandatory fine of $500 or at least 50 hours of community service. Until now, the penalty for underage possession of alcohol was harsher than the one for underage drinking and driving. This disparity will be corrected.

The underage drinking and driving law in the Commonwealth is considered a zero tolerance law, meaning any alcohol is forbidden. The blood alcohol content which is considered under the influence for those less than 21 years of age is .02, or the equivalent of one beer for an individual weighing 160 pounds, consumed in an hour.

Stronger DUI laws will deter potential impaired drivers. They should never even consider getting behind the wheel after consuming alcohol. Each year in this country, about 1,900 people younger than 21 die from alcohol-related crashes. By passing a law keeping offenders off the road and discouraging other underage drivers from attempting to get behind the wheel, the General Assembly has made a positive difference in the lives of all Virginians.
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OKLAHOMA CITY - An Edmond couple is hoping stronger DUI laws can help prevent other families from enduring their heartbreak. Keith and Dixie Swezey shared their story at a State Capitol press conference Wednesday.

On April 4, 2009, the Swezey's 20-year-old daughter, Erin, was hit and killed by a drunk driver whose blood alcohol content was more than three times the legal limit. In an attempt to flee that accident, he turned his vehicle around and began driving over 100 miles per hour on the wrong side of the Kilpatrick Turnpike, hitting Erin's car head-on. He also died in the collision.

"The fact that his BAC was .29 was shocking enough, but a quick search on the Internet revealed he had a history of drunk and reckless driving arrests starting when he was just a teen," said Swezey, Professor of Mass Communications at the University of Central Oklahoma. "Even though his license was suspended for six years and he couldn't get insurance, he continued to drive drunk. Somewhere along the way, he should have been stopped."

The Swezey's contacted State Sen. Clark Jolley and Rep. Jason Nelson to push for tougher DUI laws in Oklahoma.

"This is not an easy process for us, but we're willing to share our story for Erin in the hopes of passing legislation that may prevent another family from going through such a senseless tragedy," said Dixie Swezey.

Jolley is the principal author for Senate Bill 529, the "Erin Elizabeth Swezey Act." Under the bill, anyone convicted of DUI would be required to have an ignition interlock device for a period of two years on a first offense. On a second offense, the device would be required for five years.

Subsequent offenses would mean 8 years of driving with an interlock device. In addition, the words "DUI conviction" would be on their driver license for as long as the person was required to have an interlock device.

"As a parent, I cannot even begin to imagine what the Swezey's have endured--but I do know that we have an opportunity to honor Erin's memory by strengthening our DUI laws," said Jolley, R-Edmond. "The goal of this legislation is simply to save lives."

Mothers Against Drunk Driving (MADD) has announced its support of the measure, calling it their number one priority in the Oklahoma State Legislature. 

"Oklahoma has the opportunity to take a giant step forward in its fight against drunk driving with the passage of the Erin Swezey Act," said Laura Dean-Mooney, MADD's National President. "MADD commends Senator Jolley for authoring this life-saving legislation to help eliminate drunk driving -- a 100 percent preventable crime."

The bill is scheduled to be heard by the Senate Public Safety Committee on Thursday, February 24 at 9:30 a.m. in rooms 419 A and B of the Capitol. If the measure wins approval, it will next be heard by the full Senate. Rep. Nelson will serve as principal author of the bill in the House.

"Our hearts go out to the Swezey's. This could have happened to any of our families," said Nelson, R-Oklahoma City. "Our task is to do everything in our power to make sure this doesn't happen again."

The Swezey's have launched a Facebook page, "Erin Swezey Act," to educate the public about the bill and its progress in the legislature. Launched less than a week ago, the page already has more than a thousand followers. Updates on the legislation are also being posted on Twitter.
The California Alcoholic Beverage Control (ABC) has been awarded a $356,400 grant by the United States Department of Justice's Office of Justice Programs (OJP) to combat alcohol-related problems on or near college campuses throughout California. The award was made through the Enforcing Underage Drinking Laws (EUDL) program, which supports activities in law enforcement, public education programs, and innovative methods for reaching youth.

This grant authorizes enforcement at or near college events where underage drinking is suspected during events
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 such as pledge week, graduation, sporting events, fraternity/sorority parties, and any other college related functions.

"We need to do everything in our power to protect the futures of our youth," said ABC Chief Deputy Director Tim Gorsuch. "This funding will support law enforcement and community efforts to curb underage drinking and save lives."

ABC conducted six operations on or near five college campuses in December, 2010 and January 2011. During these operations, officers issued 30 citations for various underage drinking violations including open containers, minors in possession and furnishing alcohol to minors.

The grant program will cover a two-year period and was awarded to ABC by the federal Office of Juvenile Justice Delinquency and Prevention (OJJDP) to pay overtime for ABC Investigators. The goal is to increase safety and reduce the availability of alcohol to minors.

The grant program will support a wide range of activities including compliance checks of retail alcohol outlets to reduce sales to minors, crackdowns on false identification, programs to reduce older youth or adults from providing alcohol to minors, "party patrols" to prevent access to alcohol at large youth gatherings, and "cops in shops" to deter minors' attempts to purchase alcohol.

ABC will identify events and locations where the grant money can help reduce underage drinking by conducting undercover operations such as minor decoy and shoulder tap decoy operations.

The EUDL grant program activities will run through, May, 2012. ABC is a department of the Business, Transportation and Housing Agency.

SALT LAKE CITY-- A bill that changes how liquor sales are handled in Utah has passed unanimously through committee.

If it passes both House and Senate, the bill, sponsored by Sen. John Valentine (R-Orem), would allow beer to begin being sold at 10 a.m. and mixed alcoholic beverages to be sold at 11:30 a.m. In addition, 40 more liquor licenses would be available for restaurants. Wedding reception centers may be required to get their own liquor licenses, and conflict-of-inter
est issues among officials in the Division of Alcohol and Beverage Control would be changed.

Supporters say the bill is both a sign of progress and a chance to normalize liquor laws.

"I feel like we're achieving a balanced approach," said Sen. Valentine. "We're saying we're normalizing but we're also seeking enforcement and controlling underaged drinking and that's what we should do as a state."

When asked whether he felt there is an issue with current liquor laws in the state, Valentine said they are often confusing and counter-intuitive.

"The way the liquor laws develop is always a mystery to a lot of us. As I looked at room service for example, I couldn't see why you could only buy a bottle of wine without buying a glass of wine," Sen. Valentine said.

The bill could also be a benefit to Utah Highway Patrol enforcement of DUI cases. The level of UHP enforcement would become directly tied to the number of liquor license in Utah, which could be a boost in the number of troopers and an increased capability to crack down on DUI cases.

A Riverside County lawmaker introduced legislation today that would make a DUI conviction part of a person's permanent criminal record, instead of wiping out the convictions after a decade as currently done.

"Unfortunately, everyone has been impacted by the harmful act of a drunk driver in some way,'' said Sen. Bill Emmerson, R-Hemet. ``Current DUI penalties are not strict enough for repeat offenders, and this bill would change that.''

Under Emmerson's SB 780, a single misdemeanor DUI conviction would be
counted against an offender for life. Existing law provides a 10-year ``washout'' period, at the end of which a DUI is deleted from a person's record as long as he or she hasn't been convicted of a second DUI in the interim.

A DUI offense that occurs after the washout is treated as a first-time conviction under current law.

SB 780 would also make a person eligible for felony prosecution if he or she commits a third non-injury DUI offense, regardless of when. Existing law requires four non-injury DUI convictions in 10 years before felony punishment can be sought.

The senator's bill would lastly mandate a five-year sentence-enhancing allegation for any offender who flees the scene of a deadly collision they caused.

``Driving under the influence is a serious crime that requires serious consequences,'' Emmerson said. ``SB 780 will strengthen these penalties to reflect the severity of the crime.''
Kate Blevins and Mary Coleman are digging deep into their hearts and souls to overcome their alcohol and drug addictions.??The two women talked Tuesday morning about how they work each day to reshape their lives and learn to function just like anyone else who is sober.

??Blevins and Coleman are clients at Oak House, a nurturing long-term, nonmedical, 16-bed residential substance abuse treatment facility in Painesville for women in all stages of life.??Oak House is administrated by Mentor-based Lake-Geauga Recovery Centers, which is celebrating 40 years of operation.??For the majority of clients who begin the minimum 90-day intensive program, Oak House is often their last hope, Director Dave Hanlon said.??

Stays typically last no longer than four months.??Clients might have been or are homeless, recently released from jail or in desperate need of help. They also might have a mental illness for which treatment is available.




A typical day at Oak House includes waking up at 6:30 a.m., followed by meals, spirituality, six hours of counseling and then a 12-step meeting off-site in the evening. Lights are out at 11:30 p.m.

Clients help with upkeep of the facility by completing chores, while they learn responsibilities and life skills, Hanlon said.

After 60 days, successful clients can be promoted to halfway house status, where they continue to receive 10 hours a week of counseling and can begin to look for work and other necessities they will need after they leave Oak House.

Counselors, along with the clients, develop a plan to address housing needs, relationships, vocational training, child care, and education, mental and physical health.

Work force preparation helps clients connect to supportive services, including training, r�sum� help, job coaching and links to full-time employment.

"It really depends how committed the person is to making changes," Hanlon said, adding the after-care program is eight weeks.

Blevins, 28, and Coleman, 46, understand the value of their treatment at Oak House.

Neither woman hesitated when asked where she would be if not at the facility right now.

"Dead," they responded quickly. Neither was joking.

Blevins was addicted to crack cocaine, heroin and alcohol, was homeless and had lost custody of her 4-year-old daughter.

All that mattered to her before she entered Oak House 62 days ago was how she would get her next fix.

"I was losing my apartment and losing myself," Blevins recalled. "It was an everyday and all-day thing."

This is her second stint at Oak House, she said, adding that she wasn't ready to do everything the program required the first time.

"I don't think I really surrendered last time," Blevins said. "I didn't take direction and wanted to work my own program, my own way ... I just feel like this time I had to be stripped of everything in order to look at what's left of myself."

The support from other women and the daily structure have helped her focus to deal with her inner demons.

"I've always run from everything, I've never dealt with the hard stuff. All that guilt, shame and remorse, this is a very safe place to deal with that," Blevins said. "I don't think I dealt with that the last time I was here. I'm working through that pain this time. I've had to really look in the mirror. It's a scary thing to do."

Coleman started drinking alcohol at 16 and partying on the weekends. Eventually she started to use opiate-based pills and became addicted.

"I was not a daily drinker so I thought I wasn't an alcoholic," Coleman said. "I knew I had an addiction, but didn't believe I was an alcoholic."

She first went to treatment in 1999 at a different facility but then relapsed. Coleman tried again at the same facility but again relapsed.

"This is my third time in treatment, but the second time I went into treatment was for alcohol and pills and I stayed sober for five years before I relapsed on the pills," she said.

Coleman has been married to the same man for 25 years and her family has been through it all, but she says they can't take another heartbreak and she doesn't plan to let them down.

"I came here on my own. I wanted to stay sober for myself and I needed structure," Coleman said. "I needed to learn how to be a mother again, a wife again. This place has saved my life -- literally. It's given me something I've never experienced before. I've never gotten to know women and let them get close to me and I've opened up and shared with them. It's so important to have that in my life."

Coleman's stay at Oak House will mark three months on March 1.

"I'm grateful and I have God again in my life," she said. "I feel really good inside, my heart and my soul."

Oak House also has unveiled a new program for children 3 years and younger to accompany their mothers, Hanlon said. The program is in its infancy since the option became available last summer.

In fiscal year 2010, 87 percent of women successfully completed residential treatment according to the program's goals, he said, adding that exceeds the national average of 44 percent. After one year, 71 percent of clients were still sober.

The Lake-Geauga Recovery Centers is funded by the Ohio Department of Alcohol and Drug Addiction Services; Lake County Alcohol, Drug Addiction and Mental Health Services board; Geauga County Mental Health and Recovery Services board; and United Way of Lake and Geauga counties.
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LAKE CHARLES, LA (KPLC) - Calcasieu Parish middle schoolers are taking a stand against the war on drugs. More than 700 students came out Wednesday for the Calcasieu-DFY program. The program sponsored by the Calcasieu Parish District Attorney's Office stands for Drug Free Youth.

As part of the all day seminar the teens got to ride the "Fatal Vision" auto cart - paired with goggles it simulates for the driver what it would be like driving impaired.

"Having the goggles on made me feel dizzy and I was seeing double and everything," said Charlissia Richard, Barbe High School junior.  

The students also heard from motivational speaker Josh Shipp. "My message is don't be average. So what that doesn't necessarily mean being the best, but being your best. I think all of us in our life have that opportunity to be our best, but there are often outside circumstances that try to stop us from doing such," said Shipp.

"I think it's a big issue for people our age because the drinking rates are higher than they've ever been and it's supposed to be illegal for people our age and they still do it anyway," said Shay Smith, Vinton Middle School 8th grader. "By coming here we can make the commitment and then go back to our schools and communities and tell other students about living a drug free lifestyle."  

"We are working very closely with the Calcasieu Parish School Board to try and address the problem of drug abuse at a very, very early age by using school counselors, our own counselors at the District Attorney's Office and to keep people out of the juvenile justice system," explained Calcasieu D.A. John DeRosier.  

The D.A.'s Office offers discounts at local businesses to its Calcasie-DFY student members for their commitment to remain drug-free.
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Newport Beach, CA (PRWEB) February 23, 2011
Sober Living by the Sea is celebrating 25 years as a leader in the treatment of addiction and dual disorders.
With new research and an improved understanding of the disease of addiction, alcohol and drug treatment has come a long way in the past 25 years. Sober Living by the Sea has been on the forefront of the latest developments in the field, offering a blend of traditional approaches and cutting-edge therapies to treat addiction and related issues.
Sober Living by the Sea is widely recognized as a pioneer in long-term addiction treatment. In 1986, when Sober Living by the Sea was founded, extended care to treat addiction in a residential setting wasn't on most addiction specialists' radars. Recognizing that 30 days of addiction treatment rarely built a sufficient foundation for lasting recovery, the founders created Sober Living by the Sea's extended care program.
"Addiction isn't a disease that can be treated short-term and suddenly cured," said Ryan Franke, Director of Business Development at Sober Living by the Sea. "Our facilities treat addiction as well as what's happening underneath it - and that takes time."
Sober Living by the Sea was also behind a number of other "firsts" in the field of addiction treatment: 
   It was the first addiction treatment center to offer a college track, which allows patients to attend college at a university while working on recovery.
   Sober Living by the Sea was the first addiction treatment center to offer a Celebrate Recovery Christian-based drug treatment track for individuals working a recovery program.

While holding true to its original vision and mission, Sober Living by the Sea has made a series of advancements in the past 25 years. In order to provide the full continuum of care to a wide range of patients, Sober Living by the Sea has diversified its services to include a number of specialty programs, including a transitional work program and family program, and four primary care programs:

   The Rose - A 30-day addiction treatment program for women located on the sand in Newport Beach that specializes in trauma, substance abuse and women's issues
   The Victorian - An addiction and eating disorder treatment center for women located in a charming Victorian-style home in Newport Beach, California
   The Landing - A 30-day private alcohol and drug rehab center for men located on the sand in Newport Beach that specializes in addiction and men's issues
   Sunrise Recovery Ranch - A Southern California drug rehab center for men located on a nine-acre ranch in the foothills

"With a wide range of treatment options of varying length and intensity, individuals are able to begin their recovery here, stay for over a year, and have new and innovative treatment provided every day," said Franke.
Because patients can work through every stage of recovery - including detox, primary care, extended care and outpatient treatment - in one place, they receive seamless clinical care. The treatment teams at Sober Living by the Sea work together to ensure a smooth transition through each level of care. This standard of clinical excellence has earned a number of Sober Living by the Sea's programs accreditation by CARF, an independent, nonprofit organization with rigorous quality and service standards.
"Through the years, we have made the treatment experience much more individualized to meet the unique needs of the men and women coming through our doors," said Franke. "Whatever age, gender or drug of abuse, we have a program designed to produce lasting change."
Set in some of the most desirable areas of Southern California, with many facilities located right on the sand in Newport Beach, Sober Living by the Sea focuses on the work as well as the rewards of recovery. Newport Beach is a setting where patients can practice staying sober in a real-world environment while leaning on the support of Sober Living by the Sea and a thriving recovery community. By the time patients leave, they have worked through the core issues underlying their addiction and know how to navigate the world in sobriety.
"Some people feel that the day they walk into treatment is the day their lives are over," said Franke. "We want people to know that they can be comfortable and have fun in sobriety, and that recovery marks the beginning of a new and improved life."
About Sober Living by the Sea
Sober Living by the Sea is one of the largest residential substance abuse treatment programs in the United States. Listed by Forbes.com among the Top 10 Luxury Rehab Centers, Sober Living has provided premier treatment for addiction, eating disorders and dual diagnosis in beautiful Newport Beach, California, for 25 years.
Sober Living by the Sea is a proud member of CRC Health Group, which offers the most comprehensive network of specialized behavioral healthcare services in the nation. With the largest array of personalized treatment options, individuals, families and professionals can choose the most appropriate setting for their behavioral, addiction, weight management and therapeutic education needs. CRC Health Group is deeply committed to making its services widely and easily available to those in need, while maintaining a passion for delivering the most advanced treatment available.
For more information, please call (866) 515-5253 or visit Sober Living by the Sea.



Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2011/02/23/prweb5096934.DTL#ixzz1HdXpu6mg
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By: Shari Roan
Original Source: latimes.com

Drug addictions plague about 22.5 million Americans, according to recent statistics. But promising scientific research may one day begin to whittle away at that number, say scientists writing in a special issue of the journal Neuron published Wednesday.

The issue is devoted to addiction and details many of the latest theories about substance abuse prevention and treatment. Included in the journal (online access is free for this issue) are papers on opioid prescriptions for chronic pain and the risks involved; how drugs might be used for cognitive enhancement and how obesity is linked to other addictions.

Don't miss the essay by Dr. Nora Volkow, director of the National Institute on Drug Abuse. There's also a podcast of her speaking on the subject. Volkow describes how addiction rewires the human brain's reward systems to impair normal thinking and behavior.

Rest of Story: latimes.com
It's not easy getting drunk drivers off the road. But gadgets known as ignition interlocks, which sample a driver's breath before the vehicle can start, might help. A new study suggests that such devices reduce re-arrest rates for people previously convicted of drinking and driving.

Reseachers reviewed 15 reports published through 2007 about the use of ignition interlocks and re-arrest rates. "The installation of ignition interlocks was associated consistently with large reductions in re-arrest rates for alcohol-impaired driving within both the earlier and later bodies of evidence," the study says. "Following removal of interlocks, re-arrest rates reverted to levels similar to those for comparison groups." The study appears in the March issue of the American Journ
al of Preventive Medicine.

How do the devices work? Here's an explanation from the Centers for Disease Control and Prevention:

"Ignition interlocks are devices that can be installed in vehicles to prevent someone from operating a vehicle with a blood alcohol concentration (BAC) above a specified level. This level is usually 0.02 to 0.04 grams per deciliter (g/dL); the minimum illegal BAC level is 0.08 g/dL in every state. The devices work by sampling the driver's breath before the vehicle can be started and periodically while it is operating."

Based on the study's findings, the CDC seeks wider use of ignition interlocks and urges using them even for first-time offenders. Crashes caused by impaired drivers accounted for nearly 11,000 deaths in the United States in 2009, the CDC says. Check out these statistics and guidelines from the CDC about impaired driving.

Currently, the report says, only a small number of repeat offenders participate in the interlock program and just 13 states require them to do so.

HARRISBURG, Pa., Feb. 22, 2011 /PRNewswire-USNewswire/ -- 

With recent survey results showing alarming rates of underage and high-risk drinking among youth and young adults nationwide, the Pennsylvania Liquor Control Board and its agency partners today renewed their commitment to combat the prevalence of this dangerous and potentially deadly behavior.

"No substance is more widely abused in America by those under the age of 21 than alcohol," said PLCB Chairman Patrick J. "PJ" Stapleton. "This survey's findings should serve as a reminder to parents and the entire community that no one is immune to the dangers of alcohol misuse and abuse."

With preventing sales to minors as its top priority, PLCB store employees in 2010 checked the identification of nearly one million minors at its more than 600 stores statewide.

"We feel confident that our policy to check the identification of any consumer who appears under the age of 30 has helped to prevent any number of tragedies from occurring in the community," Stapleton said. "We are also concerned about the problem of second-party purchases and will continue working with our partners in the law enforcement community to combat this practice."

Required under Act 85 of 2006, the 2011 report presents updated information on levels and trends of underage consumption, prevention programs supported by agency partners and science-based, proven prevention strategies.

"The information collected for this report is critical in understanding the breadth and depth of the problems of underage and high-risk drinking," said Jerry W. Waters, Director of Regulatory Affairs for the PLCB. "By working with our partners at the Pennsylvania State Police, the Commission on Crime and Delinquency, the Department of Health, PennDOT, and the Department of Education, we are able to gain valuable insight that directly affects our work in combating this ongoing problem."

Using data collected through the Pennsylvania Commission on Crime and Delinquency's Pennsylvania Youth Survey and the Core Institute at Southern Illinois University of Carbondale, the 2011 study reports:


  • Pennsylvania youth aged 12-17 have a lower rate of alcohol dependence and abuse than the national average;
  • Slightly more than one third of those youth believe there is a "great risk"
  • in using alcohol.
  • Nearly 90 percent of Pennsylvania college students report having used alcohol in their lifetime, compared to 86 percent nationwide;
  • 65 percent of Pennsylvania college students reported having their first drink by the age of 17;
  • Slightly more than half of Pennsylvania college students believe the social atmosphere of their campus promotes alcohol use.

"Through our collective work, Pennsylvania has made great strides in educating our youth and their families about the dangers of alcohol misuse and abuse but these survey results indicate how much work there is yet to be done," said Stapleton.  "We must all remain vigilant, on behalf of our youth and young adults, in breaking the cycle of underage drinking and the negative consequences it creates."


Media contact: Stacey Witalec or Stacy Kriedeman, 717-783-8864


TERRE HAUTE -- Along with being the middle of prom season, April is Alcohol Awareness Month. Clark and Edgar County, Ill., teens will be participating in a public awareness campaign focused on reducing the access to alcohol for minors and the risks that come along with underage drinking such as car accidents, physical violence, vandalism, sexual assaults and suicide. Over the past 10 years, underage drinking has been consistently identified as the major health concern among high school students.

On March 26, the teens will place yellow hard-to-miss stickers on packaged liquor to warn buyers of the illegality of purchasing alcohol for minors, and that using a fake ID is also unlawful.

High school students, along with law enforcement, businesses and members of MAYN (Marshall Area Youth Network), CAMA (Coalition Against Methamphetamine Abuse), and the Human Resources Center are joining together for this project sponsored by the Illinois Liquor Control Commission.

The group also will visit flower and tux shops to distribute prom insert cards that remind students of the consequences of underage drinking.

For more information call Heather Pitts at (217) 465-4118 or e-mail heather.pitts@hrcec.org.

GOOD HOPE -- In early March Daystar Church will initiate a drug recovery program that organizers say will give individuals battling controlled substance addictions a new environment to remedy their problems.??The program, called Real Recovery, is a faith-based program that organizers say is open to any individual who is in need of help recovering from addictions, but may not want to do so through a traditional program.??"Right now we're going to be focusing primarily on drug addiction  and hopefully as the program grows we'll be able to offer help in any area of addiction," said the ministry leader Lois Gatlin. "We have people who have been through and who have overcome problems with addiction here to help those who are going through it right now."??The program utilizes a 12-step program similar to Narcotics Anonymous and Alcoholics Anonymous, but also includes biblical teachings to aide in the recovery process.??The program also considers the family of the addicted by providing counseling options for the children, siblings, and spouses to coincide with the recovery process.??"Everyone in a family is touched when a person is overcome by a drug addiction," said Julie Hall, a counselor in the program. "We are going to offer classes that can help everyone affected by every aspect of the addiction to recover."??The program organizers believe that drug addiction is a problem that spans generations rather than just having an impact on a single individual.??"A lot of times what you see is a young person get involved with drugs because they saw their parents doing the same things," said Gatlin. "If we can stop the parents from ever picking up a drug and we can educate children so that they know that the decision to do a drug is a conscious one and show them the negative effects that it will have on their lives, we may be able to stop the problem before it starts."??The first of the Real Recovery meetings will take place at Daystar Church on March 1 at 6 p.m.-- attendees will receive refreshments prior to the beginning of the counseling session.
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Tucked in the middle of the Yakama Indian Reservation, surrounded by hayfields and rangeland, Mount Adams soaring in the distance, healing has begun.

One man is using a chop saw. One man slices onions for soup. Another gathers firewood.

They are all in the process of recovery, and they're enveloped by hope.

Located on a 40-acre fruit ranch in rural Wapato, Standing Stones Ministries is quietly operating a faith-based, Christ-centered recovery program for men addicted to alcohol or drugs.

"This is God's country," says Greg Von Tobel, an ordained, nondenominational minister. "It's a beautiful place to come and get clean."

The nonprofit ministry was founded by Von Tobel, 55, who lives in the Seattle area, where he operates another nonprofit, Prisoners for Christ Outreach Ministries. He alternates his time between the two programs.

Opened in 2007, Standing Stones is headquartered in a 70-year-old farmhouse where as many as 10 men can live during their 10-month recovery.

Men, who are at least 21 years old, come from around the country to attend, paying $800 a month for room, board and the intensive program.

According to David Garton, 55, who came here a year ago with his wife, Gail, to be the director, substance abuse is an immense societal problem.

"There's a worldwide epidemic of chemical addiction," he says. "You talk about weapons of mass destruction -- this is it."

The Standing Stones program is divided into four phases, each lasting two and a half months, involving class and individual work.

Orientation is followed by Regeneration, where men rethink decisions they made in their lives and learn about what chemicals do to the brain.

Next comes Inner Healing, which focuses on personal feelings that may have long been buried.

"This is the key phase to the entire program," Von Tobel explains. "If we can get them through this, they've got a chance to lead a normal life. It's a tough phase."

The final step is Discipleship: "The first three phases are all about the man; (the fourth phase) teaches the man to live a truly godly life and give back to others."

That's where participants help newer men in the program and learn to lead classes.

Jamie Neault is one of Standing Stones' first graduates. From Wisconsin, the 40-year-old former firefighter describes feeling as if he was going to die from alcohol addiction when he showed up to begin the program three years ago.

"It's a tough commitment," he admits.

But he made it and stayed on for another six months, learning to lead others in the recovery process. Then he became assistant director.

"Forgiveness is a big deal," he explains of the recovery process. "The hardest part is to forgive yourself."

Forgiveness is also a large component of Von Tobel's prisoner outreach program. He founded it in 1989 after becoming disillusioned with his job as a stockbroker in Seattle.

"The Lord laid on my heart to do full-time prison work," he explains.

His experience volunteering in prisons convinced him that addiction is a debilitating problem, affecting 80 percent of inmates, he estimates.

That motivated him, along with his wife, Rhonda, to establish a recovery program; they were delighted to find the property west of Wapato.

"We wanted a place people could go to get right with God and not have the temptation of the inner city," he explains. "There are no pimps, no taverns and no drug dealers. It's just coyotes, red-tailed hawks and owls."

In that kind of atmosphere, he says, men can cleanse themselves of whatever has snared them in the past. Since 2007, 24 men have come through the program.

Standing Stones' program is modeled after a Florida recovery program, Dunklin Memorial Camp, established in 1963.

As soon as Von Tobel visited the Florida program to evaluate how it worked, he was sold; plus, that's where he met Garton, who was on the staff.

Also an ordained, nondenominational minister, Garton admits he abused alcohol, marijuana and cocaine at one time, but has been clean for nearly 30 years.

A typical day at Standing Stones involves time spent on class work, reading the Bible, doing homework, keeping a journal and performing chores.

"Everyone wants to go and be fixed. We're not here to fix. We're here to show them how to fix themselves through the Lord," says Neault.

They cover life issues: problem solving, being a good father, overcoming denial, getting along with others, how to be loving.

"We break through the walls into their lie-based thinking," explains Garton.

It's a holistic approach, Garton says: "We're not just putting out a sober man; he has opportunity to be a father and husband again."

Family involvement is stressed, with weekly visits offered along with classes for family members. That emphasis and the Inner Healing phase make the program unique, Von Tobel maintains.

Wilson, a current program participant (who didn't use his last name), says writing down Scripture and how it pertains to his life has been helpful to his recovery.

"When I get frustrated, I can keep those thoughts in mind," he says.

When classes are over for the day, men pitch in to do orchard chores or build wooden furniture in the barn. They create 10 different pieces of furniture, from flower boxes and shelves to hall trees and birdhouses, all using reclaimed pine and tamarack.

Sales of the furniture (Ace Hardware in Selah carries their products) and the fruit crop help underwrite the program, which costs $250,000 a year to run. The rest comes from the men's tuition and donations.

No one argues that recovery comes easily. Staff members know there will be times they won't succeed.

"You don't get involved in this ministry if you can't handle failure," Garton says.

But, he adds, "It works. I know. I believe in what I do."
Tucker, GA February 17, 2011 - When you think of a Georgia DUI school, you may think it is something that will never affect you. After all, you already know how to drive, and are familiar with the rules of the road. However, this is not necessarily the case. Driving under the influence of alcohol can make a radical difference in how you look at your driving abilities. While Georgia's new DUI laws force drivers to take extreme precaution, Georgia DUI school is only one of the consequences for drivers who do not follow the law. 

In Georgia, even the first offense is very serious. The potential consequences are equally serious. If you insist on driving drunk in this state, you will lose money, time, and suffer embarrassment. Penalties for first-offense drunk driving can take between three hundred and a thousand dollars out of your pocket for a fine. It will also cost more than two hundred dollars to have your driver's license reinstated. Attending a Georgia DUI school will cost even more money. When you are required to take classes at a Georgia DUI school, it means putting time into classes that you would have preferred using for something else.

Georgia DUI school is not the only way a first-time drunk driver will lose valuable time. Your first conviction can mean no less than forty hours of your time being spent on required community service. These two factors have something very important in common. Although community service and driving school can both be quite positive, being required to participate in service projects and Georgia DUI school classes due to a drunk driving conviction is anything but positive. In short, you will not have any choice in the matter.

If required Georgia DUI school classes is not incentive enough to not drive drunk, a first conviction also carries jail time. You can look forward to spending at least ten days, and up to a year, in jail. This can result in losing income from not being able to go to work, and being embarrassed in front of your friends and family. The time and expense of Georgia DUI school is bad enough, but not nearly as bad as spending time in jail. 

The new laws pertaining to Georgia DUI school and related consequences have everyone's best interests in mind. While driving under the influence of alcohol or drugs is always wrong and illegal, these laws and consequences are necessary to let potential drunk drivers know they do not have the right to endanger other people on the state's roadways. If you are tempted to brush off driving with drugs or alcohol in your system as nothing but a foolish mistake, it is wise to keep in mind a mistake can cost someone his/her life. Whether you want to avoid ever having to deal with Georgia DUI school, or simply want to do the right thing, never get in the driver's seat if you have any alcohol or drugs in your system. Being a responsible driver means abiding by the laws to make the roadways safe for everyone.

HELENA -- A Senate committee has killed a bill that would make it a crime for a drunken-driving suspect to refuse a breath or blood test.

The Senate Judiciary Committee voted Friday to table Senate Bill 308, with Republicans voting to kill it.

SB308 was one of several bills this session to crack down on or help prevent drunken-driving in Montana, which has one of the nation's highest rates of alcohol-related traffic deaths per miles driven.

Most of the other major anti-DUI bills are advancing through the Legislature.

Sen. Cliff Larsen, D-Missoula, the sponsor of SB308, said he amended the bill Friday so its penalties wouldn't kick in until a second offense, because some Republicans on the panel suggested that change might persuade them to support it.

But Sen. Jim Shockley, R-Victor, argued strongly in committee that the bill is unconstitutional, because it criminalizes someone's right to refuse what is essentially a search, Larsen said.

Shockley is sponsoring a bill that authorizes law officers to get a warrant to force DUI suspects to submit to a breath or blood test. That bill passed the Senate this week.

Larsen said he thought his bill actually was less invasive than Shockley's proposal, because it merely created criminal penalties for people not submitting to a breath or blood test after they're arrested on suspicion of DUI.

"I'm not forcing them to blow," he said. "I'm just penalizing them if they don't. I thought it was a really good bill."

The current penalties for refusing a breath or blood test are administrative, such as revocation of a driver's license.

At Thursday's hearing on the bill in the Senate Judiciary Committee, prosecutors said experienced drunken drivers often refuse a breath test, because they know that makes it hard to get a conviction. They said many drunken drivers don't have a driver's license, so the current penalties are meaningless.

SB308 would have created penalties for refusal that are similar to a conviction for drunk driving.

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Dual Diagnosis Drug Rehab centers help to guide people suffering from mental health issues combined with substance abuse addictions should be encouraged to address both of their concerns simultaneously to insure the best possible chance of recovery. Dual Diagnosis Drug Rehabilitation centers are often the best option. Dual diagnosis is now more widely available than ever before, offering addicts more hope and a better chance at long term freedom from the shackles of both drug addiction and mental illness.

Online PR News - 18-February-2011 -When a person is classified with a dual diagnosis addiction, it means that they have a substance abuse problem along with another mental health issues such as but not limited to; depression, anxiety, schizophrenia, or bipolar disorder. The reality of suffering from both of these conditions makes treatment more complicated and more difficult. It's very important that patients seek treatment for both issues if there is to be any chance of successful recovery Dual Diagnosis Drug Rehabs offer patients a way to learn cognitive reasoning skills while also addressing the physical and emotional constraints caused by drug addiction with intertwined mental illness. Because Dual Diagnosis Drug Rehab centers offer depression treatment, as well as treatment for other mental disorders, cognitive thinking skills can be put into practice in real time almost immediately. Patients often engage in a twelve step program, counseling, and group interaction sessions where they learn triggers, coping mechanisms, and techniques for getting and staying both healthy and clean.

The term "cognitive reasoning" is defined as the ability to use logic and deduction and the use of cognitive thinking skills as a method to come to a sound decision. Dual Diagnosis centers teach patients how to develop the critical thinking skills to discern the consequences of their actions.

Cognitive science is the scientific study the way the nervous system transforms specific information faculties. These faculties include perception, reasoning, language, and emotion. Using this science to teach addicts new methods of processing emotion and thought can provide the tools to long term recovery.

A twelve step program is a set of guidelines outlining a plan of action to achieve recovery from behavioral problems including compulsion and addiction. The step production in this type of program is typically as follows:

� Admission that one cannot gain control over one's addiction or compulsion.

� Recognition that a higher power holding one accountable can give strength. 

� Examination of past errors with the aid of a sponsor or experienced member.

� Taking strides to make amends for errors and wrongs to others. 

� Educating oneself to live a new life with a renewed code of conduct.

� Assisting others who are suffering from the same compulsions or addictions.

Twelve-step methods have been organized to treat a wide range of drug abuse and dependency issues. The skills learned in the programs are useful in drug rehab as well as an effective mental health and depression treatment. These programs are used to treat a host of behavioral issues like compulsion or addiction to gambling, food, sex, hoarding, debt, and even work. Groups such as Al-Anon and Nar-Anon are organized for the friends and family members of both alcoholics and drug addicts. These programs respectively, are an important part of treating addiction as a disease and an effort to educate the family that may have enabled the patient.

For more information about fighting addiction through Dual Diagnosis Drug Rehabs, visit the given link, http://www.dualdiagnosisdrugrehabs.org


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Escambia County middle and high school students who participate in extracurricular activities, athletics or drive onto campus will be subject to random drug tests beginning next school year.

The Escambia County School Board unanimously approved the new random drug testing policy at a special meeting Thursday night. Parents will be required to sign a permission form to allow their child to be tested. Without consent from parents, students will not be allowed to participate in the activity or drive onto campus.

Several parents spoke out against the policy during the public forum, including Kathy Fellgren, parent of a 14-year old student.

"This policy bothers me a lot," she said. "She's an excellent student. She would be mortified to be randomly called out of class and told she had to go pee in a cup...Why are your putting on the backs of kids that are good?"

District 5 board member Bill Slayton made a motion to amend the policy to test only high school students, expressing concerns that many middle schoolers would not be comfortable or understand the testing.


Ernest Ward Middle School Principal Nancy Perry spoke out in favor of the drug testing policy, including at the middle school level.  "Middle school is the time of experimentation. Middle school is the time that peers influence peers," she  said.

Slayton's motion failed 1-4, as he cast the only  vote in favor of skipping testing for middle school students.

Others expressed more technical and logistic concerns over the testing, including Susan Watson, local ACLU representative. She likened the random drug tests to "government bullying", and also expressed concern that common medications or foods could cause false positives, potentially damaging the reputation of a middle or high school student.


Board member Gerald Boone said he supported the policy, but felt reservations about taking on what he called a parenting role. "I don't really want to take the role of the parent. I just wish that there was more parenting out there, and there's not in this day and time," he said.

The school board will next review the policy and its procedures for it is implemented in August with a committee of parents, officials and students.

As the policy currently stands, students that participate in athletics, extracurricular activities or park on campus would be subject to the random urine tests. A signed parental consent form would be valid during the entire school year, not just for the duration of the athletic season or extracurricular activity period.

Students whose parents do not consent to the tests would not be allowed to participate in the activities -- including any practice, tryout, rehearsal or even sit with the team, club or organization at a game or pep rally.

The drug tests will be conducted by the school health nurse or technician under the plan. If there is a positive result, the student would be required to take a follow-up drug test at a District-approved licensed laboratory within 24 hours. Failure to take the follow-up test would be considered a positive result, according to the proposed plan.


If a student refuses to participate in a random drug test, it will be considered a positive result.

A positive result would result in the student being removed from all extracurricular and athletic activities, including practices, for at least 30 days and would be suspended from driving on the school campus. The student would be referred to a District-approved drug assessment and rehabilitation program.

A student with a positive drug test result would be required to pass a second drug test before participation in future activities at the expense of their parents. They would be subject to additional random drug tests, and they would remain on probation for the rest of their school years in the Escambia County School District. The student would not be allowed to return to any leadership position -- such as captain of a squad, club officer or class officer -- for the remainder of the school year.

A second positive result would prohibit a student from participation in all athletics and extracurricular activities and from driving on campus for one full calendar year.

Fifty-three percent of all people age 12 to 20 have engaged in underage drinking at some point in their lives, according to a study by the United States Department of Health and Human Services. The 2008 study also found that 650,000 of the underage drinkers were provided alcohol by their parents.

But what about the adults who say no to teens?

"What Would You Do?" wondered: If a minor approached you in front of a store to buy them alcohol, how would you respond? Would you say no? Would you alert the police? The store owner? Or would you say yes?

"What Would You Do?" hired three male actors, all over the age of 21, to play 18-year-olds asking adults if they would be willing to buy them beer. Our location: Station Liquors in Rutherford, N.J., rigged with our hidden cameras to see how people would respond to our actors' pleas.

'Excuse Me? I Was Wondering if You Could Help Me and My Friends'
When we started the day, we positioned our three young actors on the sidewalk in front of the liquor store.

The very first person the "teens" approached stopped and listened to their request for beer.

"How old are you?" she asked.

After the actor responded that he was 18, the woman asked what he wanted -- and she seemed amenable to his request, with a condition.

She told the group that they needed to be out of eyesight of the store owner.

"Are you parked in the parking lot? 'Cause you can't hang out here and I give that to you. I'm not going to do it right in front of this store. He'll have me arrested," she said.

After the money changed hands, she headed straight to the counter, only to meet us.

"Well, I told them I didn't want to do it because it was illegal. But, when I was 18 it was legal," she told "What Would You Do?"

"But, I'm doing the wrong thing," she added. "I have kids and if that happened I would be angry."

In that case, the woman's sympathy for our actors seemed to have been fueled by history. In 1984, the federal government successfully pressured states to raise the drinking age to 21. Before that, in more than two dozen states -- including New Jersey, where our scenario was based -- people between the ages of 18 and 20 were allowed to drink legally, meaning that some of the people who passed by our actors were drinking legally by the time they were 18.

Would that fact continue to help our "minors"?

As the guys headed back to the street they approached a man walking by the store and were met with an immediate "no."

But, just a few seconds later, as a woman was about to head into the store, our actor called out, "Excuse me? I was wondering if you could do me and my friends a favor."

"You want me to by some beer?" she asked.

Our actors told the woman what kind of beer they wanted and gave her $20. Before long, she was in the store attempting to buy our "teens" the beer.

When we met up with her she said, "I didn't know they were underage."

At first, the success rate of our actors was surprising: Two out of the first three people they approached agreed to buy them beer.

But soon, a string of rejections followed.

As our actors were met with many no's, one woman walked into the liquor store to alert to the owner.

"Uh, heads up. There's three kids out there that want people to buy them beer" she said to the store owner.

And then our actors were met with the most passionate response of the day.

"Excuse me sir, I was wondering if you could do me a huge favor," said our actor.

The local restaurateur was wary from the start.

"You're not asking me for money, are you?" he asked.

"No, I'm not asking for money. I was wondering if you could go in and just get us a 12-pack," the actor said.

The situation quickly turned into every teenager's nightmare as the man began to grill our actors like an interrogator.

"You have a mother and father?" he asked. "Why don't you ask your mother and father? How old are you? What is the law to drink?"

The man demanded the actor's phone number, then threatened to call the police.

"You abused the law," he said.

When we met the local business owner later, he told us that when he saw our actors he was reminded of his own son. We told him that during the course of the day there were some people who had no problem helping out our teens.

His response, "Shame. You don't have to get drunk to have a good time... I don't need alcohol...I need a good friend.""

Overall, the "teens" approached nearly 25 people. Five of them took their money and agreed to buy them beer.

But what would happen when we switched the three male actors with three female ones?

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HOPKINS CO., KY (WFIE) - In Kentucky, the house overwhelmingly passes a bill that would send more criminals into treatment rather than jails.

The cost for correctional facilities has increased by $300 million in the past 20 years, the house believes criminals with low level drug offenses should be considered for treatment instead of jail time to cut costs. New Horizon Counseling Administrator Larry Peyton agrees.

"I think that person needs to go to treatment instead of jail, where we can educate them on the negative consequences of it number one and to try to detox them off of it," Peyton says.

Serious drug traffickers will still serve time. These low level offenders could join them if they continue use.

"Now if this continues and once they've had treatment and they continue to use then I think the justice system it needs to go up a level okay and the consequences needs to be more," Peyton says.

Prisons across the state would expect to save $440 million over the next 10 years if passed. A portion of the savings would fund the treatment.

The bill will allow for a risk assessment to determine if the person is likely to be a repeat offender. Peyton says this is key.

"We need to get at the reasons why that person's risking going to jail to use that drug," Peyton says.

Peyton says whether it be jail time or treatment, punishment is a must.

"Without consequences there's no change, if you always do what you always did you'll always get what you always got, and if nothing changes nothing changes," says Peyton.

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By: Jim Reed
Original Source: bbc.co.uk.com

Shops in parts of Dundee have started tagging bottles of alcohol as part of a police plan to cut underage drinking levels.

Supermarkets and off-licences have been asked to mark bottles with an invisible code.

If young drinkers are found with a tagged item, police say they can work out when and where it was purchased.

They claim the idea is to target adults who agree to buy cheap alcohol for under-18s.

Constable Andy Davie from Tayside Police said: "The biggest problem we have isn't shops selling alcohol directly to young customers, it's people buying it on their behalf."

Rest of storybbc.co.uk.com