The Hawkeye Football season opener is this weekend. And unfortunately that often means and increase in local alcohol-related arrests.
Although it is illegal to have any open container of alcohol in public, the local law enforcement agencies traditionally grant some leniency for tailgating parties near Kinnick Stadium on game day.
There are no set terms of when they could or could not charge an individual with an open container violation, but they generally will not enforce this law in the public parking areas located within a few blocks of Kinnick. Also, officers have traditionally been lenient on the open container law for people walking on the streets and sidewalks between these areas. The pile of empty (or half-empty) beer cans in the wastebaskets surrounding the stadium are a testament to this.
Please understand, however, that you cannot rely on traditional leniency to avoid a ticket. There is no law to protect you even if you are singled out and given the Open Container citation. That being said, the chances of getting an open container violate are rare.
Officers will be enforcing the Possession of Alcohol Under Legal Age (PAULA) law without leniency. Officers have the right to approach anyone they reasonably feel is under the legal drinking age and ask for identification. This is true even on private property. If you are issued a PAULA citation, chances are you will be given a ticket and released, but officers have discretion to arrest subjects for any ticket they issue.
Public Intoxication is another problem. At any point if an officer believes someone is “intoxicated” (the law does not give a clear definition of what “intoxicated” means for Public Intox), that person can be placed under arrest. And traditionally, officers will not give the offender the option to avoid a trip to the jail. When arrested for Public Intox, the officers must offer a Preliminary Breath Test (PBT). The offender does not have to take the test.
Public Intoxication is also enforced inside the stadium. If you are drunk, with or without acting out, the officers who patrol the stadium can arrest you and hold you in the Kinnick holding cell until you are transported to the Johnson County Jail. These arrests can occur when a fan sitting next to you alerts the police, or when you pass through security on the way into the stadium.
Sneaking alcohol into the stadium is a risky proposition. If police are alerted that someone is drinking alcohol, a PAULA ticket will be issued when appropriate, a Public Intoxication charge may be issued, and you will be ejected from the stadium.
Obviously the only certain way to avoid arrest is to not drink under the legal age, not drink to the point of intoxication, and be careful about having open containers in public.
Also remember that when an arrest occurs, you will be searched and any contraband or fake ID’s will be taken and serious charges will follow.
Finally, when you leave the stadium and leave your tailgating spot, officers are looking for OWI’s. It takes a surprisingly long time for a BAC to drop after heavy drinking. So when in doubt, do not drive. Obviously the officers will have no leniency for drunk driving.