§ 16-22. Public consumption or intoxication.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Arrest means the same as defined in section 804.5 of the Code of Iowa (I.C.A. § 804.5) and includes taking into custody pursuant to section 232.19 of the Code of Iowa (I.C.A. § 232.19).

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.

Peace officer means the same as defined in section 801.4 of the Code of Iowa (I.C.A. § 801.4).

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 12.

(b)

No person shall use or consume alcoholic liquor, wine or beer upon the public streets or highways. No person shall use or consume alcoholic liquor in any public place, except premises covered by a liquor control license. No person shall possess or consume alcoholic liquors, wine or beer on public school property or while attending any public or private school-related function. No person shall be intoxicated or simulate intoxication in a public place.

(c)

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.

(Prior Code, § 162.05)

State law reference

Similar provisions, I.C.A. § 1213.46.