Iowa Code §123.47 (PAULA, 2010 Updated Statute)

**Please note this is the State level charge, and not the Iowa City ordinance**

123.47   Persons under eighteen years of age, persons eighteen, nineteen, or twenty years of age, and persons twenty-one years of age and older.

1.  A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any person knowing or having reasonable cause to believe that person to be under legal age.
2.  A person or persons under legal age shall not purchase or attempt to purchase, or individually or jointly have alcoholic liquor, wine, or beer in their possession or control; except in the case of liquor, wine, or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine, and beer during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under this chapter.
3.  a.  A person who is eighteen, nineteen, or twenty years of age, other than a licensee or permittee, who violates this section regarding the purchase of or attempt to purchase alcoholic liquor, wine, or beer, or possessing or having control of alcoholic liquor, wine, or beer, commits the following:
(1)  A simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 7.
(2)  A second offense shall be a simple misdemeanor punishable by a fine of five hundred dollars. In addition to any other applicable penalty, the person in violation of this section shall choose between either completing a substance abuse evaluation or the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year.
(3)  A third or subsequent offense shall be a simple misdemeanor punishable by a fine of five hundred dollars and the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year.
b.  The court may, in its discretion, order the person who is under legal age to perform community service work under section 909.3A, of an equivalent value to the fine imposed under this section.
c.  If the person who commits a violation of this section is under the age of eighteen, the matter shall be disposed of in the manner provided in chapter 232.
4.  Except as otherwise provided in subsections 5 and 6, a person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section commits a serious misdemeanor punishable by a minimum fine of five hundred dollars.
5.  A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in serious injury to any person commits an aggravated misdemeanor.
6.  A person who is of legal age, other than a licensee or permittee, who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in the death of any person commits a class “D” felony.
7.  Upon the expiration of two years following conviction for a violation of subsection 2 or of a similar local ordinance, a person may petition the court to expunge the conviction, and if the person has had no other criminal convictions, other than local traffic violations or simple misdemeanor violations of chapter 321 during the two-year period, the conviction shall be expunged as a matter of law. The court shall enter an order that the record of the conviction be expunged by the clerk of the district court. Notwithstanding section 692.2, after receipt of notice from the clerk of the district court that a record of conviction has been expunged for a violation of subsection 2, the record of conviction shall be removed from the criminal history data files maintained by the department of public safety. An expunged conviction shall not be considered a prior offense for purposes of enhancement under subsection 3 or under a local ordinance unless the new violation occurred prior to entry of the order of expungement.

On February 5th, 2011, posted in: Criminal Law by
15 Responses to “Iowa Code §123.47 (PAULA, 2010 Updated Statute)”
  • frank says:

    What constitutes possession? Having it in your hand obviously but what if you are at a table and there is beer on the table? Within arms reach? What about if the cops bust a party and you don’t technically have anything in your hand but it is widely available…is that possession? What if they come to your house and you are drinking with your roommates who are all under 21 and there is beer in the fridge and is accessible to all…are they in possession? Wording of the law seems ambiguous to me…thanks for any clarification in advance!

  • Aaron says:

    A family member of mine got a PAULA 2 weeks before her 21st birthday. That was four years ago. I was wondering how long this would appear on her record.

  • Mr.Jay says:

    I have gotten a few paula’s and I have a question about my latest one.

    My first one I took the Class to get it dropped,
    Then my 2nd one i Just paid I don’t know if that counted as my first one?

    Now just a few days ago I got another one. Will I loose my License?

    • Iowa City Lawyer says:

      Taking a class to avoid a conviction on the first offense you mention is something that would not happen in a local case. As far as the third ticket, it will depend on whether the officer charged it as a first, second or third offense. Many times officers will write multiple “first” offenses, thus avoiding the in-state licensing penalties of subsequent offenses.

  • Jimmy says:

    I got a Paula two days ago and I was wondering if the officer put my first name as my middle name and didn’t write down my apt number and there is no noticeable signature can I get out of this ticket?

    • Iowa City Lawyer says:

      You cannot legally get out of a ticket do to officer’s error regarding your contact information or name. At trial the officer would testify that he made a mistake, but that he is sure that “you” are the guy that was supposed to receive the ticket.

  • Curious applicant says:

    Does this ticket qualify as a criminal charge when applying for a position at a workplace?

    • admin says:

      It depends on the exact question in the application. The ticket is a “conviction,” so it is best disclose if asked about convictions.

  • Michael says:

    I received a PAULA, when we were at a restaurant, and my other roomates had beers on the table, and I did not. I was waiting for my drink to come with my wings we had ordered. And I told the officer that was not mine, and he still said we are ALL getting a paula. Since I said that was not mine, and they had no proof I drank a beer, how is it still possible for me to receive a paula?

    • admin says:

      It is possible for the officer to charge you with the Paula if he believes that one of those drinks was in your “possession.” Of course, it is another matter whether the judge would feel the possession was proven beyond a reasonable doubt.

  • Michael says:

    Any idea how I can prove it wasn’t mine? Reccomendations at all?

  • Ava says:

    Does the officer have to tell you what you registered on the blow test or write it on the ticket? My son was at a house party and all the minors were asked to step outside, no beers were in hand or within reach when the officers were at the door.

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