Football season begins soon, and in Iowa City that means many students will be arrested or charged with a criminal offense.
Football weekends are the busiest weekends at the Johnson County Jail, and at the county courthouse. But as long as you follow the following advice, you can avoid the most common criminal charges.
PAULA: This is the most common criminal charge on an Iowa Football weekend. Often called “MIP,” this is Possession of Alcohol Under Legal Age. The state does not have to prove intoxication or even consumption, just having any alcoholic beverage in your possession (while being under 21), can result in this ticket being issued. This is not an offense that would cause an arrest or jail time, but the fine is $330.00. As long as the defendant avoids all criminal convictions for two years after the date of a PAULA conviction, then that charge can be expunged from their record.
To avoid a PAULA ticket, do not possess or even be around alcoholic beverages in a public place. Even if “everybody” around you is drinking, it is still illegal. Even in large, outdoor tailgates, officers freely walk through the crowds and issue tickets to people that look underage (after identification), or appear to be setting down a cup and getting out of the way.
So if you are not drinking, don’t make the mistake of pushing a cup away or moving quickly away when you see a cop. It looks guilty, and it draws them right to you.
Public Intoxication: This offense occurs, regardless of age, if you are in a public place and are “intoxicated.” The definition of “public” is huge, including just about all areas except inside a private residence or private car. “Intoxicated” is not clearly defined by statute or case law, or even accepted jury instructions. If an officer can provide testimony that you are “intoxicated” or are “simulating intoxication,” you can be found guilty. Common subjective observations include bloodshot watery eyes, odor of alcoholic beverage, slurred speech, poor balance, poor decision making or inability to follow directions, admissions to drinking, and of course the “PBT” or portable breath test.
When arrested, you have the right to be given a PBT, but you are under no obligation to take the test. If you refuse, the above observations would be used against you. If you take the PBT, that number is used against you as well. There is no magic number that you must blow below. I have seen results of 0.05 that have resulted in a charge. (Legal limit for driving is 0.08).
To avoid an Intox charge, there is nothing more than not drinking too much. Keep it under control, and do not draw attention to yourself. Whereas most Intox charges are due to Intoxication plus drawing too much attention to yourself, some unlucky people are minding their own business and are simply arrested after investigation.
Intoxication 1st offense charges can be expunged by the same method listed above under the PAULA statute.
Criminal Trespass: If you are told to go home, especially told to leave Kinnick Stadium, do so immediately. A gate agent or officer may suspect Intoxication but not wish to conduct an arrest. If you are given a warning to leave, and you return or end up arguing your point, you may find yourself charged with Intox and Criminal Trespass.
OWI: Operating While Intoxicated is very common on, or after gameday as well. When in doubt, call a cab. Even if it is the following morning, drinking until 2:00 a.m. can leave you legally drunk at 8:00 a.m. that same morning.
Stay safe, and Go Hawks!