Unless otherwise provided by law, a person who has been convicted in a criminal action in any court of record of a violation of a provision of this chapter, except for a violation of section 123.46, or a provision of the laws of the United States or of any other state relating to alcoholic liquors, wine, or beer, and who is thereafter convicted of a subsequent criminal offense against any provision of this chapter is guilty of the following offenses:
1. For the second conviction, a serious misdemeanor.
2. For the third and each subsequent conviction, an aggravated misdemeanor. [R60, §1561, 1563, 1577; C73, §1525, 1538, 1540, 1542, 1559; SS15, §2461-m; C24, 27, 31, 35, 39, §1964; C46, 50, 54, 58, 62, 66, 71, §126.19; C73, 75, 77, 79, 81, §123.91] 85 Acts, ch 32, §56; 2018 Acts, ch 1060, §44; 2019 Acts, ch 59, §44; 2019 Acts, ch 140, §42 \n
Notes of Decisions
Cited in
9
cases, 1969–2020 · leading case:
State v. Hanna, 179 N.W.2d 503 (Iowa 1970).
State v. Hanna, 179 N.W.2d 503 (Iowa 1970).
· cites it 18× “He further alleged such revocation and forfeiture constituted “other penalties” within the language of section 123.91 and therefore the court was without power to impose the jail sentence or fine authorized in section 123.”
Rauhauser v. State, 272 N.W.2d 432 (Iowa 1978).
· cites it 10× “Secondly, he alleges the sentencing provisions of § 123.91, The Code, 1977, are irreconcilable with the sentences established in the 1977 Supplement to the Code.”
Lewis v. State, 256 N.W.2d 181 (Iowa 1977).
· cites it 2× “” Section 123.91 of the 1966 Code provided a penalty for violation of any provision of chapter 123 of a fine of not less than $300 nor more than $1000 or imprisonment in the county jail not less than three months nor *188 more than one year or by both such fine and imprisonment.”
State v. Brustkern, 170 N.W.2d 389 (Iowa 1969).
· cites it 4× “3 of the 1966 Code of Iowa and the defendant should be given a sentence appropriate to section 123.91 of the 1966 Code of Iowa, which sentence takes into consideration the sentence which he received heretofore in this case.”
State v. Simmons, 500 N.W.2d 58 (Iowa 1993).
· cites it 4× “Neither subsection (4) nor the sentencing section, section 123.91, speaks to the issue of whether an exoneration affects the enhancement of a penalty in a pending case.”
State of Iowa v. Mark Edward Wilcox (Iowa Ct. App. 2019).
· cites it 4× “Moreover, the district court reasoned that “[i]f the Iowa legislature had intended to have the expungement provision apply in this matter a simple fix would have included the words ‘or of section 123.91’ immediately following the words ‘this section.”
State of Iowa v. Eddy Shami Muligande (Iowa Ct. App. 2019).
· cites it 4× “Section 123.91 was recently amended to except public intoxication convictions from increased penalties for second and subsequent alcohol related convictions.”
State of Iowa v. Gregory C. Canaday (Iowa Ct. App. 2016).
· cites it 2× “Background Facts & Proceedings On August 3, 2015, Canaday was charged with public intoxication, third or subsequent offense, in violation of Iowa Code section 123.91(2) (2015), an aggravated misdemeanor.”
— Iowa Code § 123.91(2) — 2 cases
State of Iowa v. Gregory C. Canaday (Iowa Ct. App. 2016).
“Background Facts & Proceedings On August 3, 2015, Canaday was charged with public intoxication, third or subsequent offense, in violation of Iowa Code section 123.91(2) (2015), an aggravated misdemeanor.”
State of Iowa v. Mark Edward Wilcox (Iowa Ct. App. 2019).
“Moreover, the district court reasoned that “[i]f the Iowa legislature had intended to have the expungement provision apply in this matter a simple fix would have included the words ‘or of section 123.91’ immediately following the words ‘this section.”
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treatment. Dots show Syfertize treatment of the citing case itself.