What is Public Intox?

[firemanup]

What is the name of your state? Iowa

Scenario: My wife is a bartender in a new bar, while at work last night a couple basically got into a domestic in the bar, she broke it up but it just happened that a cop was doing a walkthrough at the time and intervened.

The female half was the agressor and he then talked her into coming outside, then promplty arrested her for public intox. After the arrest he chewed out my wife for over-serving the woman, stating it was her job to know when someone was intoxicated, she argued that she didn't know she was and he then stated he would be back every night now and everyone he found in the bar he would cite her for overserving.

Looking through iowa code chapter 123.46, public intox is being intoxicated or simulating being intoxicated in a public place.

Overserving 123.49 A person shall not sell, dispense, or give to an intoxicated person, or one simulating intoxication, any alcoholic liquor, wine, or beer.

The problem being what is intoxicated??? I looked through the definitions for chapter 123 and there is none for intoxicated. They define a person in the liquor law chapter but not intoxicated go figure.

For driving in Iowa it is .08, does that automatically apply to public intox then also?? If so how would a bar stay in business cutting everyone off at 4 drinks??

Thanks for any help..

Jason

 

[JETX]

As you have pointed out, the Iowa Code does not define the level of alcohol needed to be charged with 'public intoxication'. That is because the law doesn't require a minimum 'level'.

According to the following Code, ANY use or consumption in public is a violation.

"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."
Source: http://www.legis.state.ia.us/IACODE/2003/123/

 

[firemanup]

Thanks Jet,

But it still leaves the question, what is intoxicated then?

When i was a cop in AZ it was more clear cut, in that the statute read "appears" to be intoxicated and examples that were used in training and that had held up in court were slurred speech, falling/tripping, unable to walk without something to steadythemselves with, (chair, bar, table) falling asleep in their bar stool, etc...

I'm just worried about the wife in that she wants to be able to do the right thing, especially now that she's been threatened with citations for over serving, and Iowa law says the cite goes to the server/bartender, not the bar so it's solely on her.

Law says that you can't serve someone that is intoxicated then won't define for you what intoxicated is makes it kind of tough

Jason