What is Public Intoxication?

    If there is a crime that otherwise law abiding people have a tendency to commit most frequently, it is public intoxication.  Iowa Code §123.46 defines public intoxication as being "intoxicated or simulat[ing] intoxication in a public place."  Public Intoxication is a simple misdemeanor. 
     
   Unlike Iowa Code §321J.2 (Iowa's OWI statute) there is no minimum amount of alcohol which needs to be present in the system to qualify as intoxicated.    Furthermore, implied consent does not apply in cases where a motor vehicle is not being operated, so the police cannot compel a person to provide a sample (although subsection 3 does state that a law enforcement officer must inform someone being arrested for public intoxication that they can receive a chemical test at their own expense).

   Perhaps the most interesting part of this statute is that it also criminalizes "simulat[ing] intoxication."  This would effectively mean that the State does not need to prove that a person charged with public intoxication has consumed any drugs or alcohol.  Merely acting as though you were intoxicated is sufficient for a conviction.

   Finally, it is also worth noting that public intoxication is one of only two crimes in Iowa that can be expunged from your record under certain conditions (the other being underage possession of alcohol).  Unlike many other states, Iowa does not permit general expungement of criminal records.  However, Iowa Code §123.46(5) permits the expungement of a conviction for public intoxication after two years assuming the person has not committed any further criminal offenses (excluding minor traffic offenses).  While this is supposed to be available as a matter of law, not all courts do these expungements automatically, and they sometimes must be requested.

   If you have been charged with public intoxication or are seeking to have a public intoxication expunged from your record, you may need the help of an Iowa Criminal Law Attorney, like those found at Van Cleaf & McCormack Law Firm.  You can call today to schedule a free consultation.