The number of University students charged with underage possession of alcohol and public intoxication has risen significantly in the past year, according to statistics obtained from University Student Legal Services.
Since last year, the number of students who have been charged with underage possession of alcohol and have scheduled consultations with Student Legal Services has spiked, from 15 consultations in September and October of 2004, to 52 consultations in September through Oct. 18 of this year.
According to Student Legal Services Attorney Lester Wilson, there have been a few changes to Virginia Code that may have contributed to the greater number of students arrested and convicted of underage drinking this year.
In July, the wording concerning the underage usage of alcohol in section 4.1-305 of the Virginia Code was changed from "possession" to "possession or consumption," and an individual may be prosecuted in the county or city in which "the person exhibits evidence of physical indicia of consumption of alcohol."
This altered wording may make it easier for judges to convict underage alcohol users, Wilson said.
"[Judges] are convicting in cases where I would have seen a dismissal two years ago," he said.
Virginia judges are now able to convict on circumstantial evidence, or "physical indicia" observed by the arresting officer, such as the odor of alcohol, bloodshot eyes and reduced coordination on the individual. If these observed physical indicia are combined with the individual confessing to having had a drink, Virginia judges have strong grounds for conviction, Wilson said.
The growing number of convictions for underage possession or consumption on the grounds of circumstantial evidence sets a precedent that allows police to charge individuals without needing to obtain a sample of the individual's beverage, he said.
Until recently, if a sample of the individual's beverage was not obtained, it could not be conclusively proved in court that the individual charged was in possession of an alcoholic beverage, Wilson said.
Charlottesville Police Chief Timothy Longo said he believes that the increase in the number of students charged with alcohol-related offences can be attributed to a change in deployment tactics by the University and Charlottesville police.
Prior to the beginning of the 2005-06 school year, a cooperative police patrol between University and Charlottesville police was implemented. Consisting of three pairs of officers in which a City police officer is paired with a University police officer, the patrols walk through areas with heavy student traffic, such as Grady Avenue, Wertland Street, 14th Street and 15th Street on Thursday, Friday and Saturday nights, Longo said.
The purpose of this cooperative patrol is to provide a more visible police presence, with the dual purpose of giving students in the area a stronger feeling of security and deterring crime in those areas, alcohol related or not, he said.
The cooperative patrol on weekend nights increased the likelihood that underage drinkers will encounter a police officer, and this is probably the largest contributing factor to the rising number of alcohol-related arrests of students, Longo said.
Although there are a growing number of arrests for underage possession, there are also opportunities for underage offenders to go thorough a unique education program and have these charges dismissed.
Individuals charged with underage possession or consumption, particularly first-time offenders, are given the option of pleading guilty to the charges, and then the court will take the case "under advisement," and the charged individual is required to go through a year-long probationary period. If the probationary period is completed successfully, the court will dismiss the case.
The probationary period consists of 10 hours of drug safety classes over a four-week period. This is a unique, abbreviated education program designed specifically for offenders under the age of 21, with a focus on binge drinking and party drugs, and is administered by the James River Alcohol Safety Action Program, ASAP Executive Director David Dutcher.
The probationary period also includes random urine and breathalyzer tests administered by Jefferson Area Offender Aid and Restoration. If the probationary guidelines are violated, the case will be brought back before the court, and most likely a conviction will follow.
According to Dutcher, there has been an increase in students going through the relatively new youth education program, nearly 350 in the last two years, the majority of whom were University students.
Though most of the students complete the program, the experience is still, if one considers the time involved, the court and attorney fees, and the $150 fee to OAR and ASAP, Carew said.
Dutcher said he believes this program will be very beneficial for young offenders.
"Previously the young offender would receive no counseling at all," he said.
Dutcher added that although the courts dismiss the case after the charged individual successfully completes the probationary period, the charges remain on the individual's court record and are not expunged.
"It's important for [students] to realize that they have a greater exposure to arrest if they have been drinking and go out into public," Wilson said. "Now, if there is an odor of alcohol, they risk an investigation and arrest."
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