drunk driving laws

Gourley, Rehkemper & Lindholm PLC - Attorneys At Law

minors in possession A/K/A P.A.U.L.A. (Possession of Alcohol Under Legal Age)

Iowa Code section 123.47 prohibits minors from purchasing or attempting to purchase, or possessing or having control of alcoholic beverages. The State must prove beyond a reasonable doubt that the under age person had either actual possession or constructive possession of alcohol.

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To prove possession the State must show:

1. Person exercised dominion or control over alcohol
2. Person had knowledge of presence of alcohol
3. Person knew the material was alcohol

Exceptions

There are however, exceptions to the rule. It is NOT illegal for a minor to possess and consume alcohol when it is dispensed to the individual:

1. Within a private home and with the knowledge, presence and consent of the parents or guardian; or
2. As administered to the person by either a physician or dentist for medicinal purpose; or
3. The individual is handling the beverage during the regular course of the person's employment by a liquor control licensee or wine or beer permittee.

CRIMINAL PENALTIES

First Offense: Simple Misdemeanor. Mandatory minimum fine of $200.

Second Offense: Simple Misdemeanor. Mandatory minimum fine of $500. Person must also choose to either complete a substance abuse evaluation OR have their driver's license suspended for one year.

Third or Subsequent Offense: Simple Misdemeanor. Mandatory minimum fine of $500 and one year drivers license suspension.

Know Your Rights * Exercise Your Rights * Preserve Your Freedom

If you have been arrested for a minors in possession, the criminal defense attorneys at Gourley, Rehkemper & Lindholm will be their aggressiveness and determination to work for you. Call us today at 1-877-GRL-Laws or 515.226.0500 for a free initial consultation.

From our offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa, including Polk, Warren, Dallas, Boone, Story, and Marion counties, and the cities of Des Moines, Ames, Indianola, Adel, Boone, Nevada, Urbandale, West Des Moines, Waukee, and Knoxville