123.46 - CONSUMPTION OR INTOXICATION IN PUBLIC PLACES -- NOTIFICATIONS -- CHEMICAL TESTS -- EXONERATION.
123.46 CONSUMPTION OR INTOXICATION IN PUBLIC PLACES
-- NOTIFICATIONS -- CHEMICAL TESTS -- EXONERATION.
1. As used in this section unless the context otherwise requires:
a. "Arrest" means the same as defined in section 804.5 and
includes taking into custody pursuant to section 232.19.
b. "Chemical test" means a test of a person's blood, breath,
or urine to determine the percentage of alcohol present by a
qualified person using devices and methods approved by the
commissioner of public safety.
c. "Peace officer" means the same as defined in section
801.4.
d. "School" means a public or private school or that portion
of a public or private school which provides teaching for any grade
from kindergarten through grade twelve.
2. A person shall not use or consume alcoholic liquor, wine, or
beer upon the public streets or highways. A person shall not use or
consume alcoholic liquor in any public place except premises covered
by a liquor control license. A person shall not possess or consume
alcoholic liquors, wine, or beer on public school property or while
attending a public or private school-related function. A person
shall not be intoxicated or simulate intoxication in a public place.
A person violating this subsection is guilty of a simple misdemeanor.
3. When a peace officer arrests a person on a charge of public
intoxication under this section, the peace officer shall inform the
person that the person may have a chemical test administered at the
person's own expense. If a device approved by the commissioner of
public safety for testing a sample of a person's breath to determine
the person's blood alcohol concentration is available, that is the
only test that need be offered the person arrested. In a prosecution
for public intoxication, evidence of the results of a chemical test
performed under this subsection is admissible upon proof of a proper
foundation. The percentage of alcohol present in a person's blood,
breath, or urine established by the results of a chemical test
performed within two hours after the person's arrest on a charge of
public intoxication is presumed to be the percentage of alcohol
present at the time of arrest.
4. a. A peace officer shall make a reasonable effort to
identify a person under the age of eighteen who violates this section
and, if the person is not referred to juvenile court, the law
enforcement agency of which the peace officer is an employee shall
make a reasonable attempt to notify the person's custodial parent or
legal guardian of the violation, whether or not the person is taken
into custody, unless the officer has reasonable grounds to believe
that notification is not in the best interests of the person or will
endanger that person.
b. The peace officer shall also make a reasonable effort to
identify the elementary or secondary school which the person attends
if the person is enrolled in elementary or secondary school and to
notify the superintendent or the superintendent's designee of the
school which the person attends, or the authorities in charge of the
nonpublic school which the person attends, of the violation. If the
person is taken into custody, the peace officer shall notify a
juvenile court officer who shall make a reasonable effort to identify
the elementary or secondary school the person attends, if any, and to
notify the superintendent of the school district or the
superintendent's designee, or the authorities in charge of the
nonpublic school, of the violation. A reasonable attempt to notify
the person includes, but is not limited to, a telephone call or
notice by first-class mail.
5. Upon the expiration of two years following conviction for a
violation of this section, a person may petition the court to
exonerate the person of the conviction, and if the person has had no
other criminal convictions, other than simple misdemeanor violations
of chapter 321 during the two-year period, the person shall be deemed
exonerated of the offense as a matter of law. The court shall enter
an order exonerating the person of the conviction, and ordering that
the record of the conviction be expunged by the clerk of the district
court. Section History: Early Form
[C35, § 1921-f42, 1921-f127; C39, § 1921.042, 1921.132; C46,
50, 54, 58, 62, 66, 71, § 123.42, 124.37; C73, 75, 77, 79, 81, §
123.46] Section History: Recent Form
85 Acts, ch 32, § 36; 86 Acts, ch 1067, § 1; 89 Acts, ch 225, §
10; 92 Acts, ch 1231, § 7; 2000 Acts, ch 1138, §1
Referred to in § 125.34, 232.22, 232.52