Minors In Possession
A/K/A P.A.U.L.A. (Possession of Alcohol Under Legal Age)

Iowa Laws

Iowa Code section 123.47 prohibits minors from purchasing or attempting to purchase, or possessing or having control of alcoholic beverages.  The State must prove beyond a reasonable doubt that the under age person had either actual possession or constructive possession of alcohol.

To prove possession the State must show:

• Person exercised dominion or control over alcohol
• Person had knowledge of presence of alcohol
• Person knew the material was alcohol

Note:  Just because a minor is present at a party where alcohol is found does not mean that he/she exercised dominion or control over the alcohol.

Exceptions

There are however, exceptions to the rule.  It is NOT illegal for a minor to possess and consume alcohol when it is dispensed to the individual:

• Within a private home and with the knowledge, presence and consent of the parents or guardian; or
• As administered to the person by either a physician or dentist for medicinal purpose; or
• The individual is handling the beverage during the regular course of the person’s employment by a liquor control licensee or wine or beer permittee.

CRIMINAL PENALTIES

First Offense: 

Simple Misdemeanor.  Mandatory minimum fine of $200. Mandatory drinking and driving course.

Second Offense: 

Simple Misdemeanor.  Mandatory minimum fine of $500.  Person must also choose to either complete a substance abuse evaluation OR have their driver’s license suspended for one year.

Third or Subsequent Offense: 

Simple Misdemeanor.  Mandatory minimum fine of $500 and one year drivers license suspension.

Mandatory Drinking & Driving Course

Under Iowa laws, any person found to have been operating a motor vehicle while intoxicated is mandated to complete an Iowa approved 12-hour drinking course. To find a course near your city or in your county, please visit the state's OWI education website to locate a course on a map. The website opens in a new window.

Expungement of Prior Offenses

Minor in possession convictions are one of two criminal offenses in the State of Iowa that can be expunged from an individual’s criminal record.  In order to have the conviction expunged, the individual must go at least two years after the conviction without being convicted of anything other than simple traffic offenses.  The individual must then petition the court to expunge the conviction and if the individual qualifies the judge is required by law to issue the order granting the expungement.

Iowa OWI Defenders
contact us at 1-888-278-1027

Gourley, Rehkemper & Lindholm
IOWA DRUNK DRIVING DEFENSE LAWYERS
303 Locust Street, Suite 200
Des Moines, Iowa 50309

Phone: (515) 226-0500
Toll free: 1-888-278-1027

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free initial consultation

If you or someone you care about has been arrested for drunk driving or an intoxication related offense, remember that an arrest is not a conviction; there are many, many reasons why an OWI charge may be wrong. If the driver doesn't believe that he or she was drunk, that very well may be the case; breathalyzers can malfunction. There are also many other reasons for improper drunk driving accusations. We know, we find them all the time.

call Iowa OWI Defenders at 1-888-278-1027

For a free initial consultation, please call the law offices of Attorney Robert Rehkemper and Attorney Matthew Thomas Lindholm at (515) 226-0500, or if you are located outside the local Des Moines, West Des Moines, Iowa area, use our toll free number, (1-888-278-1027).

Send your OWI Arrest Information To An Attorney

You can also send details about your OWI arrest to the attorneys with the CASE SUBMISSION FORM. That form is very handy for after-hours communications, to give the attorneys a head's-up that you will be calling, or to leave a message for one of them to call you back. While arrest and charge information is public, be sure to exclude any confidential information.