APIS: New Resource on State Underage Drinking Policies

The Alcohol Policy Information System (APIS), a project of the National Institute on Alcohol Abuse and Alcoholism, announces its latest update of state-by-state alcohol policies.

This year’s update includes a new posting on “underage internal possession” laws. These laws prohibit an underage person from having alcohol in his or her system. They typically require evidence of alcohol in the minor’s body, but do not require any specific evidence of possession or consumption. Such laws are useful to law enforcement when breaking up underage drinking parties because they allow officers to bring charges against underage persons who are not holding alcoholic beverages and who have not been observed drinking alcoholic beverages by the officers. As of January 1, 2009, eight States have internal possession laws.

In addition to adding underage internal possession laws, this update reports on 22 changes in State alcohol policy statutes and regulations that occurred in the year ending January 1, 2009. Other highlights include:

Health Policy:

• California enacted a provision to prohibit denial of payment of health insurance benefits for losses due to intoxication of the insured (also referred to as UPPL laws – Uniform Accident and Sickness Policy Provision laws).

Underage Drinking:

• Rhode Island enacted a provision to prohibit the manufacture of false identification for the purposes of obtaining alcohol, and has amended its Use/Lose law to make the suspension of driving privileges mandatory for a 30-day period.
• Indiana enacted an Underage Purchase provision that allows purchase by minors for law enforcement purposes. Indiana has also increased the minimum age for selling beer, wine, and distilled spirits in off-premises establishments from 18 to 19 years.

Alcohol and Pregnancy:

• Utah enacted a law that provides priority access to substance abuse treatment for women and minors who are pregnant and abuse alcohol.
• South Carolina enacted a law that imposes two types of reporting requirements provisions for health professionals who suspect or have evidence of alcohol use or abuse by women during pregnancy: a mandatory provision for the purposes of data gathering, and a voluntary provision for purposes of referring pregnant women who use or abuse alcohol to assessment and treatment.

Alcohol and Motor Vehicles:

• Two states, Colorado and Missouri, have reduced their BAC limits for operators of recreational watercraft from 0.10 to 0.08 percent.

Other Alcoholic Beverage Control Policy Topics:

• Colorado repealed its ban on Sunday sales of alcohol.
• Virginia enacted a voluntary Beverage Service Training and Related Practices law that provides for mitigation of penalties for violations.

These and other changes to the 29 current APIS policy topics are now posted and can be found at: www.alcoholpolicy.niaaa.nih.gov