The Iowa City Law Blog

When stopped in Iowa under suspicion of an OWI, the arresting officer will undoubtedly take the suspect to a testing station to administer the Datamaster breath test. 

The Datamaster is the more accurate version of the hand-held breath test (called the PBT for preliminary breath test) that is administered in the field.  Although the Datamaster has a margin of error, it is nowhere near the margin of error that exists with the PBT.  Read more »

The State of Iowa has the crime of Public Intoxication, which prohibits that a person be 1) in public and 2) intoxicated (or simulating intoxication). When these criteria are met, the officer can effectuate an arrest and perform a search.

There is not a whole lot to add here. The legislature has not defined “intoxication.” Iowa case law has not been helpful either. The very few cases on point do not get much more in depth than talking in circles and saying “is intoxicated” once again. Read more »

Every weekend students are charged and convicted of Possession of Alcohol Under the Legal age, also known as “PAULA.”

This offense has existed since alcohol age restrictions have been around. But even in the last few decades, the penalties have gone from comically low to ridiculously high.

With the new (July 2009) surcharge of 35%, and the new court costs of $60.00, the penalty for a 1st offense PAULA has risen to $330.00.

That’s a pretty steep penalty for a night out drinking. And I’m not going to comment on the size of flat screen TV that could be bought for the fees on a 2nd offense. Read more »