Protecting Your Rights And Your Future

Iowa City Public Intoxication Lawyer

Public intoxication charges are no uncommon sight in Iowa City, whether after a UI home game or a regular Saturday night out. Drinking culture on college campuses will likely always exist, but it takes just one mistake for a college student to find themselves facing serious charges – which could impact not just their freedom or bank account but also their college education and future career. After all, universities often impose academic punishments, such as expulsion, after a criminal conviction. A student’s entire future, which they have been working toward for years, could be in jeopardy.

Here at Fitzgerald, Klesner, & Pavelich, PLC, we have extensive experience working with UI Hawkeyes and other college students. Criminal defense attorney Shawn Fitzgerald has two decades of experience offering comprehensive and aggressive defense when college students face criminal charges. When you are facing serious criminal charges that could affect your future and you need effective representation, call us for a free consultation.

What Are The Penalties For Public Intoxication?

In addition to potential academic penalties, UI students who are convicted of public intoxication charges may face the following:

  • A misdemeanor on their record
  • Fines ranging from $105 up to a maximum of $850
  • Up to 30 days in jail

As with most other criminal offenses, subsequent crimes carry harsher sentences. For instance, a second public intoxication offense is also a misdemeanor, but it could lead to a year in jail and a fine of $2,560. Repeat offenses beyond that may qualify as aggravated misdemeanors. The prison term could be as long as two years and the fines could be up to $8,540. This is why it is so important to work with an experienced Iowa City public intoxication lawyer.

What Are Iowa’s Laws On Public Intoxication?

Under Iowa Code §123.46, public intoxication is a criminal offense. The law prohibits a person from being drunk or consuming alcohol in a public place, such as sidewalks, streets or parks.

Public intoxication is classified as a simple misdemeanor in Iowa. A first offense may lead to up to 30 days in jail and a fine ranging from $65 to $625. Repeat convictions increase penalties and can make sentencing more severe. In addition to criminal penalties, a conviction creates a permanent criminal record, which can appear on background checks.

In Iowa City, public intoxication charges are common near the downtown and campus areas, where alcohol use is frequent. Even though it is a misdemeanor, the impact can be significant. Employers, landlords and schools may view a conviction negatively.

Because of these long-term consequences, anyone facing public intoxication charges in Iowa City should take the matter seriously. Consulting an attorney can help explore defenses such as whether the arresting officer had reasonable grounds to believe intoxication occurred in a public setting.

What Should You Do After An Arrest For Public Intoxication?

Being arrested for public intoxication can feel stressful, but knowing the right steps to take can help protect your rights. Here are a few important actions to consider:

  • Limit what you say to the police: Anything you say can be used against you later, so provide only basic identifying information and remain respectful.
  • Call an attorney right away: A lawyer familiar with public intoxication charges in Iowa City can explain your options, represent you in court and work to protect your record.
  • Do not plead guilty too quickly: Many people assume paying a fine will make the problem go away, but a guilty plea means a conviction that stays on your record.
  • Stay calm and comply with the process: Resisting or arguing with officers can create more serious charges beyond the initial public intoxication allegation.
  • Gather information and witnesses: If others saw the incident or can confirm you were not intoxicated, their statements may help your defense.

These steps are important because what happens immediately after an arrest can shape the outcome of your case. An attorney in Iowa City can help ensure you understand your rights and pursue the best possible resolution to a public intoxication charge.

Setting Up A Consultation

We understand that mistakes happen in Iowa City, perhaps at football games, on college campuses or at community events. If you or your child is facing public intoxication charges in Iowa, we offer free 30-minute consultations. Contact us online or call us at 319-320-4569 to schedule your consultation. We will provide the compassionate and professional support you need at this time.

Notable Cases

Cedar County AGCR024516 — PLEA OFFER ACCEPTED — Attorney Shawn Fitzgerald’s client was accused of the crime of Operating a Motor Vehicle While License is Barred as a Habitual Offender §321.560/ §321.561/ §321.555 /§321.556 (An Aggravated Misdemeanor), as well as Failure to Use Child Restraint Devise §321.446 (A Scheduled Violation). Attorney Shawn Fitzgerald was able to secure a plea offer satisfactory to both client and state.

Notable Cases

Muscatine County AGCR057733 — PLEA ACCEPTED, CHARGE REDUCED — Attorney Shawn Fitzgerald’s client was accused of Domestic Abuse Assault §708.2A(2)(b) (A Serious Misdemeanor). An initial plea offer stated the client would have to plead guilty as charged, attorney Shawn Fitzgerald worked for a better offer for his client. The client was able to plead guilty to an amended lesser charge of Disorderly Conduct §723.4(2) (A Simple Misdemeanor).