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 Alcohol
Related Offenses
The legal drinking age in the state of Iowa is 21. State
law prohibits:
- Consuming
or possessing an alcoholic beverage in a public place
- Possessing
an open or unsealed container in a motor vehicle (when the container is within
the immediate reach of the driver)
- Possession
of an open or unsealed alcoholic beverage by a passenger in the passenger area
of a motor vehicle (Exceptions apply to taxis, limousines and motor homes)
- Public intoxication
- Pretending
to be intoxicated
- Consuming,
possessing or purchasing an alcoholic beverage if you are under 21
- Giving
or selling an alcoholic beverage to someone under age 21
- Giving
or selling an alcoholic beverage to anyone who is intoxicated
- Lending
your driver’s license to someone or knowingly permitting someone else to
use it
Each
of these violations is a simple misdemeanor offense punishable by up to 30 days
imprisonment, a fine of at least fifty dollars but not more than five hundred
dollars, or both. For certain offenses, State law provides mandatory fines and
driver’s license suspension.
Retail
Outlets/Liquor Licensees
If an employee of a licensed liquor establishment
or a alcohol retail outlet serves a minor, the employee and the establishment
are each fined $1500. This penalty applies to anyone who knowingly or by failing
to exercise reasonable care, provided alcohol to a minor.
Social
Hosts: Providing Alcohol to a Minor
An individual over age 21 who gives,
sells or supplies an alcoholic beverage to a person under the legal age commits
a serious misdemeanor and is subject to a fine of between $500 and $1500 and may
also be sentenced to up to one year of jail time. If injury results from the actions
of an intoxicated minor, the individual who provided the alcohol commits an aggravated
misdemeanor and is subject to two years imprisonment and a fine of between $500
and $5000. If death results from having furnished alcohol, the offense is a Class
D felony punishable by up to five years imprisonment.
“Fake
I.D.”
Anyone under the age of 21 who alters, displays or possesses
a fictitious or fraudulently altered license and uses it to purchase alcohol can
lose their driver’s license for up to 6 months. This offense is also a simple
misdemeanor.
Operating
While Intoxicated (OWI)
Under state law, it is illegal to operate a motor vehicle while under the influence of drugs or alcohol. This means driving with a blood alcohol concentration of .08 or greater or driving while under the influence of another drug, such as marijuana or certain prescription medications.
A person convicted of a first offense OWI can be fined up to $1,250 and can be placed in county jail for up to one year. However, at the court’s discretion, up to $625 of this fine may be waived if there was no personal injury or property damage. The minimum jail time is 48 hours. For a second offense, the individual will be confined for a minimum of seven days and fined not less than $1,875 and not more than $6,250 For a third or subsequent OWI conviction (a Class D Felony), the individual will be imprisoned between thirty days and five years and will be assessed a fine of not less than $3,125 and not more than $9,375.
In addition to fines and jail time, those convicted for OWI forfeit their driving privileges for a minimum of 180 days (The revocation period is even greater if the individual refuses the blood alcohol test OR has previous OWI convictions.) In the past, OWI violators could obtain work or school permits even though their license had been revoked. With recent legislative changes, there is now a “hard suspension” period, during which time, no temporary licenses are granted. After the hard suspension period has passed, a work or school permit will only be granted after an ignition interlock device is installed on each of the person’s vehicles. This device connects to an automobile’s ignition system and prevents the vehicle from being started if the intended driver has been drinking.
Minor
in Possession (MIP):
First offense - Simple misdemeanor punishable by a $200.00 fine plus court costs.
Second offense - Simple misdemeanor punishable by a fine of $500.00. In addition, the violator must choose to either complete a substance abuse evaluation or have their driver's license suspended for up to one year.
Third (and subsequent) offenses -Simple misdemeanor punishable by a fine of $500.00 AND driver's license suspension for up to one year.
Two
Strikes and You Walk
The consequences of a second offense were also stiffened.
Second offenses went up from a fine of $200 to a fine of $500, plus court costs.
Additionally, repeat offenders may lose their driver's licenses for up to one
year.
Click here for
Federal drug laws & penalties |
