Possession of alcohol under legal age (PAULA)
It is illegal to purchase, consume, or possess alcohol in Iowa if you are under the age of 21. PAULA is a simple misdemeanor.
Examples of possession include:
- Carrying or holding an alcoholic beverage;
- Having alcohol in a container that belongs to you like a backpack or a car; or
- Otherwise having the right to control the alcohol. For example, when an alcoholic beverage is on a table in front of you.
You have a right to present evidence in your defense. This evidence could be that you are immune from prosecution because you were seeking emergency assistance for yourself or someone else due to an overdose.
If you are convicted of PAULA-1st offense, you will be fined $354. The penalties increase for repeat offenses. There is no possibility of jail time or deferred judgment. A conviction occurs if you pay the fine prior to court, if you plead guilty, or if you are convicted after trial. PAULA convictions are eligible for expungement under certain conditions.
Public intoxication
In Iowa, it is the crime to be intoxicated in a public place. Public intoxication is a simple misdemeanor.
Intoxication occurs whenever: (1) your reason or mental ability has been affected; (2) your judgment is impaired; (3) your emotions are visibly excited; (4) you have, to any extent, lost control of bodily actions or motions.
A public place is any place that the general public has the right to enter, even as a visitor, without obtaining permission from anyone. The front porch of a private residence is not public, but an unlocked, common hallway of an apartment building may be.
During a public intoxication investigation, the officer will offer a preliminary breath test (PBT). It is a voluntary test. The results of the test, or your refusal to take the test, are admissible as evidence. If you do not want to take this test, you should say so out loud to the officer.
You have a right to present evidence in your defense. Your evidence might include alternate explanations for your alleged behavior. This evidence could be that you are immune from prosecution because you were seeking emergency assistance for yourself or someone else due to an overdose.
If you are convicted of public intoxication, you are facing a fine of $105 to $855 and up to 30 days in jail. A conviction occurs if you plead guilty or if you are convicted after trial. You can request a deferred judgment. Public intoxication convictions can be expunged under certain conditions.
In bar under 21
In Iowa City, if you are under 21 years of age, you must exit any bar by 10:00 PM. In Bar Under 21 is a simple misdemeanor.
You have a right to present evidence in your defense. Your evidence might be that one of the following exceptions applies:
- You were with your parent, guardian, spouse, or domestic partner who is at least 21 years old;
- You work at the bar and were on the clock;
- The establishment does not meet the definition of a bar. To find if a specific establishment meets the definition of a bar, contact the Iowa City Clerk's Office.
- The establishment has an exemption during an event, specifically allowing underage people to attend.
If you are convicted of In Bar under 21, you will be fined $400. There is no possibility of jail time or deferred judgment. A conviction occurs if you pay the fine prior to court, if you plead guilty, or if you are convicted after trial.
Operating while intoxicated (OWI)
Drunk driving in Iowa is called Operating While Intoxicated, or OWI. A person commits OWI when they operate a vehicle and have a breath or blood-alcohol content greater than .08 g/dL, or any time their ability to safely operate a vehicle has been impaired by alcohol and/or another drug. Operating a vehicle includes driving or being in a position to drive (sitting in the front seat with the keys in the ignition). OWI is a serious misdemeanor.
An OWI investigation includes pre- and post-arrest tests:
Pre-arrest
- Field Sobriety Tests – The three standard field sobriety tests are the horizontal gaze nystagmus test, the walk and turn, and the one-leg stand. They are voluntary tests that are admissible as evidence and are used by police in determining whether to arrest someone. There may be many reasons why a person would not pass these tests even if they are sober. If you do not want to take these tests, you should say so out loud to the officer.
- Preliminary Breath Test – This breath test is typically offered at the traffic stop location. It is a voluntary test that is not admissible as evidence but is used by police in determining whether to arrest someone. If you do not want to take this test, you should say so out loud to the officer.
Post-arrest
- Datamaster Test – This is a voluntary breath test that is offered at the police station. The results of the test, or your refusal to take it, are admissible as evidence and can affect your criminal case and your driver’s license.
- Blood or Urine Test – These are voluntary tests offered at the police station or hospital. The results of these tests, or your refusal to take them, are admissible as evidence and can affect your criminal case and your driver’s license.
You have the right to present evidence in your defense. OWI defense can be complicated, therefore you should consult Student Legal Services or another attorney.
If you are convicted of OWI (1st offense), the penalty is a $1,250 fine and 2 days – 1 year in jail. You would also be required to complete a substance abuse evaluation and any recommended treatment. A conviction occurs if you plead guilty or if you are convicted after trial. You may be eligible for deferred judgment. In addition, your driver’s license would be revoked for 6 months or 1 year. Penalties for repeat OWI offenses increase in severity and can include prison.
Possession of marijuana
Possession of marijuana is a crime in Iowa. Possession of marijuana is a serious misdemeanor. Examples of possession include:
- carrying or holding marijuana
- having marijuana in a container that belongs to you like a backpack; or
- otherwise having the right to control the marijuana. For example, if you are riding in a car and there is marijuana on the floor near you.
You have a right to present evidence in your defense. For example, that the substance is not marijuana or that you were not in possession of it. You may also have evidence that you are immune from prosecution because you were seeking emergency assistance for yourself or someone else due to an overdose.
The Johnson County Attorney’s Office may offer diversion for first-time possession of marijuana charges. Diversion requires you to complete a substance abuse evaluation and treatment and/or provide a clean urine sample, pay court costs, and not commit further criminal offenses while on diversion. Successful completion of these requirements results in dismissal and expungement eligibility. Other counties may have similar programs.
If convicted of possession of marijuana, you face a $430-$1,000 fine and up to 6 months in jail. A conviction occurs if you plead guilty or if you are convicted after trial. If you are convicted, you may not be eligible for federal financial aid for one year. You may be eligible for deferred judgment.
Possession of drug paraphernalia
Possession of drug paraphernalia is a simple misdemeanor. Drug paraphernalia can include grinders, vaporizers, bongs, and other items associated with drug use. Examples of possession include:
- carrying or holding drug paraphernalia
- having drug paraphernalia in a container that belongs to you like a backpack; or
- otherwise having the right to control of drug paraphernalia. For example, if you have a grinder in your car’s cup holder.
You have a right to present evidence in your defense. For example, that the paraphernalia was for tobacco and not illegal substances, or that you were not in possession of it. You may also have evidence that you are immune from prosecution because you were seeking emergency assistance for yourself or someone else due to an overdose.
In Johnson County, you may be eligible for diversion if you are also charged with possession of marijuana.
A conviction occurs if you plead guilty or if you are convicted after trial. If you are convicted of possession of drug paraphernalia, you are facing a fine of $105 to $855 and up to 30 days in jail. You may be eligible for deferred judgment.
