Paula – or Possession of Alcohol under the Legal Age, is a very common offense in Iowa City. A short time ago the fine was small, even for multiple offenses. Now the fines are staggering. A first offense Paula will cost a defendant $314.00. That includes $200.00 for the fine, a 32% “surcharge” and the new court costs of $50.00.
A second offense will run you $500.00, plus the 32% and the $50.00, for a grand total of $710.00, plus you are required to obtain a substance abuse evaluation or lose your license to drive for thirty days. For a third and all subsequent offenses, the fine is the same as the second offense, but the loss of license is required.
Obviously your best move is to avoid getting the ticket in the first place. And the best way to do that is not to possess alcohol until you are 21. (Unless you are at home with your parents, in which case the law makes a small exception for you).
Many Paula charges happen in downtown Iowa City bars. But the following scenario happens weekly:
“It wasn’t my beer I was just holding it.”
Let’s say that is the truth. Guess what? You are still guilty. It does not matter if you never had a drink in your life, as soon as you admit to “holding” (i.e., possessing) the drink, the you will be found guilty. So if some guy tells you to hold his drink as he goes into the bathroom, and you are under 21, then decline. The most important lesson when it comes to Paulas is, the law is “possessing” alcohol, not drinking, or being intoxicated by it.
This is another very common situation:
“This beer in front of me isn’t mine.”
Now that argument has a little more teeth to it. The State will have to prove that the drink in front of you is or was at some point actually in your possession.
“Possession” does not always need to be in your hand. Your coat across the back of your chair is in your possession, as are many of the contents of your car and apartment, even when you are not there. Beer in the hand is the easiest way for the State to prove that you possessed the alcohol, but drink on the table is only a few facts away from being possession as well.
For example, let’s say there are four of you at the table and four drinks. Just on the basis of that it doesn’t prove that the drink is yours, at least, not to all magistrates. But add on the facts that you smell like alcohol, that the officer saw you take a drink, or most importantly, you admit that it is your drink, those facts will secure a conviction for the State.
That does not mean that you should keep three drinks on the table and shift the blame to protect the fourth person. The State still secures Paula convictions even when the people outnumber the drinks.
If you are questioned by an officer regarding a Paula, remember, you do not have to answer any questions about the alcohol. If you are asked about the drink, always be very polite and state that you are not comfortable talking about it. This usually will not prevent a ticket from being written, but admitting to the possession is a surefire way to lose your case.
People hear “you have the right to remain silent” so often that the words lose all meaning when uttered by a police officer. So remember, you do actually have the right not to answer the questions of the police officers. And when investigating a Paula, they usually will not remind you of this right until the ticket is already being written, or until you have been arrested.
In Iowa City, the police officers conduct “routine bar sweeps” to check for underage drinking, but Paula tickets can be given out at any public event (like Hawkeye football games) or at private parties. In all of these situations, police officers will usually approach you if you draw the attention to yourself, by acting drunk or pushing a drink away when an officer approaches. So, it goes without saying, that you should never draw attention to yourself if you are breaking the Paula laws.
So to summarize:
1. Remember what “possession” means.
2. You actually do have the right to remain silent.
3. Don’t draw attention to yourself.
4. Always be polite to any law enforcement agents.
If you have questions or have been charged with Paula, please consult my website or contact me at the number to the right.