Public Intoxication in Iowa

Being intoxicated in a public place is a crime in Iowa, as is pretending to be intoxicated in public, drinking on public streets or highways, and drinking liquor in a public place other than licensed premises. Each is a simple misdemeanor (fine of $105 to $855 and up to 30 days). A person arrested for public intoxication must be told they may get a chemical test at their own expense. Two years after conviction, a person with no other criminal convictions (other than local traffic or simple misdemeanor traffic violations) during that time may petition, and the conviction shall be expunged.

Iowa's rule on court-appointed lawyers: A person is entitled to a court-appointed attorney if the person's income is at or below 125% of the federal poverty guidelines, unless the court determines the person can pay, considering income, assets subject to execution and the seriousness of the charge. A person with income above 125% but at or below 200% is entitled only if the court makes a written finding that not appointing counsel would cause substantial hardship; above 200%, only if charged with a felony and the court finds substantial hardship. The determination is made on an affidavit of financial status (form set by rule of the state public defender), signed under penalty of perjury and submitted at the initial appearance or when counsel is requested. A person granted an appointed attorney must reimburse the state for the total cost of legal assistance. Iowa Code § 815.9(1)-(3) (Iowa Code 2026)

Lawyers set their own fees, and Iowa has rules on how they may charge. See hiring a criminal defense lawyer in Iowa for fee rules, how to check a lawyer's license and free help.

How release before trial works in Iowa: All defendants are bailable before and after conviction, by sufficient surety, or subject to release on conditions or their own recognizance, except listed defendants (for example, those charged with first-degree murder of a peace officer, and certain defendants awaiting sentencing or appealing convictions for class A felonies, forcible felonies and certain drug felonies). Bailable defendants must be released on personal recognizance or an unsecured appearance bond unless the magistrate determines that will not reasonably assure appearance or will jeopardize another person's safety; the magistrate then imposes the first of the listed conditions that gives that assurance (supervised custody; travel, association or residence limits; an appearance bond with a cash deposit of up to ten percent; a bail bond with surety or cash; or other conditions such as no-contact). Factors include the nature of the offense, family ties, employment, financial resources, character and mental condition, length of residence, record of convictions, and record of appearance. Defendants must be told of the right to have release conditions reviewed, and an indigent defendant is appointed counsel for that review. Iowa Code §§ 811.1(2), 811.2(1), (2), (4) (Iowa Code 2026) What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Iowa expungement and record sealing rules.