Iowa Public Intoxication Laws

Iowa Code section 123.46 prohibits an individual from being intoxicated, or simulating intoxication in a public place.  There are two elements of Public Intoxication that the State must prove beyond a reasonable doubt at trial: 1) the person was, or simulated, intoxication; 2) the person was in a public place.

Intoxicated

In Iowa, an individual is “intoxicated” when by drinking liquor and/or beer, one or more of the following is true:           

1. His reason or mental ability has been affected;
2. His judgment is impaired;
3. His emotions are visibly excited;
4. He has, to any extent, lost control of bodily actions or motions.

Public Place

A “public place” is defined as “any place, building, or conveyance to which the public has or is permitted access.”  Generally speaking any place open to the general public constitutes a “public place.”

Included as “public places” are:

• Public streets, alleyways, and parking lots
• Steps and common hallways of apartment buildings
• Dormitories
• Bars and restaurants
• Stadiums, event centers etc.

Not included as “public places” are:

• Private vehicles (not public transportation)
• Decks or porches to residence
• Inside a person’s apartment
• On private land

If you have been arrested for public intoxication, please call the criminal defense lawyers at Gourley, Rehkemper & Lindholm right away for a free initial consultation. Know your rights; exercise your right to a lawyer.

Expungement of Prior Public Intoxication Offenses

Public Intoxication 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.

CRIMINAL PENALTIES for public intoxication

First Offense: 

Simple Misdemeanor.  A maximum jail sentence of up to 30 days; fine of up to $625, but not less than $65 plus 32% surcharge and court costs.

Second Offense: 

Serious Misdemeanor.  A maximum jail sentence of up to one year in jail; fine of up to $1,875, but not less than $315 plus 32% surcharge and court costs.

Third or Subsequent Offense: 

Aggravated Misdemeanor.  A maximum of up to two years imprisonment or one year in jail; fine of up to $6,250, but not less than $625 plus 32% surcharge and court costs.

Public Intoxication and Your Rights

The 5th Amendment

At no time can you be required to be a witness against yourself.  You do not have to answer questions from police officers that could incriminate you.  You do not have to answer if asked if you have had anything to drink.  Your refusal to answer cannot be used against you.

Right To An Attorney

You have a statutory right to call, consult, and see an attorney or family member once a police officer has restrained your liberty.  You are permitted a reasonable number of phone calls to secure an attorney.  You also have the right to see and consult with an attorney in private at the jail.

Preliminary Breath Test

You do not have to take this test.  Despite this being an unreliable instrument, the results can be used against you in court for public intoxication.  There are no legal adverse effects to refusing this test.

Independent Test

Once you have been arrested for Public Intoxication the officer has a duty to inform you that you may request an independent chemical test to be administered at your own expense. 

Note:  An officer may not order you into public and then arrest you for public intoxication. The law requires that you voluntarily put yourself in a public place; a police officer’s order to exit a private place does not warrant a charge of public intoxication.

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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For directions, please visit 303 Locus Street, Suite 200, Des Moines, Iowa 50309. The drunk driving defense lawyers at Gourley, Rehkemper & Lindholm represent people throughout Iowa facing criminal charges for drunk driving. They most frequently handle cases charged in Des Moines, West Des Moines, Iowa, Waterloo, Cedar Falls, Cedar Rapids, Iowa City, Omaha, Council Bluggs, Davenport, Moline, Rock Island, Sioux City, Dubuque, Monroe, De Soto, Nevada, Story City, Pleasant Hill, Capitol Heights, Marquisville, Urbandale, Clive and Windsor Heights, Iowa. If you were charged in an area outside of these locations, please call GRL; they may still represent you in those location, and if not, they will know a well-qualified law firm that focuses on drunk driving defense in your area.

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.

prepare for consultation

The attorneys at Gourley, Rehkemper & Lindholm are extremely detail-orientated; they want information from you pertaining to every aspect of your case including your and police actions prior to the police stop, preliminary to your arrest, during arrest and after arrest.

An OWI DUI Questionnaire Form is ready for you to print and complete to prepare for your consultation with an attorney.

driver's rights card

Don't leave home without it! Get your Driver's Rights Card now, and keep it with you just in case you ever need it.

How does the Driver's Rights Card work? (Answer on BLOG)

Gourley, Rehkemper & Lindholm founded the Driver's Rights Card to protect people's rights if ever they're stopped in Iowa by police for suspicion of operating a motor vehicle while under the influence. Protect your freedom - get the free card.