Some drinking guidelines for the under-21 sect
■ Although drinking alcohol under the age of 21 is a
punishable crime, if you must, here are some basic rules
when the cops come knocking on the door
By Tony Chiotti
for the Emerald
If you are underage, and you
choose to drink in Eugene, the op
erating phrase is Caveat Potor: let
the drinker beware.
“We have quite a reputation for
issuing a lot of alcohol-related cita
tions,” Sgt. Rick Gilliam of the Eu
gene Police Department’s Campus
Team said.
» a a a a a
Reporter’s
NOTEBOOK
“Our
marching
orders are
zero toler
ance.
For those
students new to the University, or
to Eugene, it is important to under
stand the house rules involving al
cohol. Expect no nods, winks or
warnings from the EPD.
“I think it’s a foregone conclu
sion that there’s going to be under
age drinking at universities,” said
Gilliam. “There’s going to be tons
of people out there drinking alco
hol, not knowing what the conse
quences are if they get caught.”
Some students have already ex
perienced those consequences.
“It’s a calculated risk every time
you go out drinking on the town,”
said recently-turned 21-year-old
senior Bill Beutler, whose most re
cent citation, for misrepresentation
of age, resulted in 6 months of le
gal woes, 80 hours of community
service and a $400 fine.
“If you’re at a party and you can
escape, by all means, escape,” he
said. "Save your own skin. People
will understand, even if you can
still see the scar two years later.”
Beutler rolled back his sleeve to
display the jagged result of a
drunken leap over a chain-link
fence.
“I’ve been at parties where I’ve
given up backpacks. The backpack
costs $25. The beer in it costs $10.
The smokes cost five. You’ve got to
look at the larger picture.”
A minor in possession citation
currently brings a $250 fine.
According to Gilliam, having al
cohol in your system is enough to
constitute possession.
“We don’t give breathalyzer tests
in that situation,” he said. “It’s
based on observations such as the
smell of alcohol, horizontal gaze
eye tests, balance or if the person
admits to drinking.”
Because it is a non-criminal vio
lation, the burden of proof is very
low, said Ilona Koleszar, an attor
ney with ASUO Legal Services.
“They don’t need a lot besides
these so-called ‘objective’ stan
dards,” she said.
Koleszar advises students to give
the police as little ammunition as
possible.
“There is no penalty for refusing
a sobriety test. If he asks you to
blow on his face or onto his flash
light, decline,” she said.
No matter how agitated the offi
cer becomes, or what they claim to
be the law, you have a constitu
tional right to remain silent. Exer
cise it.
“It’s really hard to say nothing,”
Koleszar said. “The temptation is
to try to talk your way out of it,
schmooz the guy a little, make an
explanation. You’re trying to
please the officer, hoping he’ll just
let you go.
“But they won’t let you go. They
ticket everybody they can possibly
ticket. If they don’t give you the
ticket, they don’t get the money."
Later, in court, you can attack
the officer’s observations one by
one: someone spilled beer on you
at a party; you’d been drinking
O’Doul’s; you’d been up all night
studying, hence the bad balance
and diction, etc.
But the less you give them in the
first place, the less you have to ex
plain away. Do not, under any cir
cumstances, admit that you have
been drinking.
You are not required to identify
yourself, either verbally or with
Police vs. Students
A sobering look at the issue
physical identification.
“If you refuse to tell them who
you are, you should expect to be
detained,” warned Koleszar. “If
you have truthfully told them who
you are, you have no obligation to
prove it to them. You’ve told them
your name and they can do with
that as they will. But if you’re go
ing to give them your name, it darn
well better be the right name.”
Once you tell the officer your
name, Gilliam said, the police will
verify your identity and age
through either their own database
or through university records. If
you are underage and have been
drinking, take the MIP. Do not dig
yourself in deeper by trying to pass
yourself off as someone else, no
matter how well you think you
know their information.
Do not give the officer a false ID.
If you have a false ID in your wal
let, refuse to present physical iden
tification. You have nothing to gain
by complying, and the odds are
good that you might hand them the
wrong one.
“They seem to have X-ray vi
sion,” Koleszar said. “You’re flip
ping through your wallet and
they’ll say ‘Oh, what’s that?’ and
they’ve got you.”
Tu rn to Drinking, page 8B
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