Few violations of .02 law seen in Ames
April 9, 1996
Even with the large number of alcohol offenses by minors in Ames, officials said they have not seen many violations of the new Iowa .02 law.
The state legislature passed the law on July 1, 1995 to deter the use of alcohol among individuals under 21. Those under 21 must have an alcohol concentration of .02 to be in violation the law, even though a .10 alcohol concentration is considered legally drunk, said Ames Police Sgt. Jim Robinson.
Robinson said that within the past year in Ames, violations of this law have not been common.
The Iowa State Department of Public Safety has recorded only two violations of the .02 law on campus, compared to the 23 people arrested for operating a motor vehicle while intoxicated (OWI).
One reason for the low number of violations is because many of those stopped are charged with being over the legal alcohol concentration and arrested for an OWI, said DPS director Loras Jaeger.
Since the law’s enactment, the Iowa State Department of Transportation in Des Moines has reported 1,343 violations in Iowa as of March 25.
“It is not a crime,” Jaeger said. “It is a violation handled administratively through the system.”
“My preference is that a violation of the .02 law have a criminal sanction and should be at least a simple misdemeanor,” he added.
For the first .02 offense, the person’s license is revoked for 60 days. It may be reduced to 30 days if the person completes a substance awareness program.
But even after completing the program, the individual is not eligible for a temporary permit, Davis said.
With two or more .02 violations, the person’s license is revoked for 90 days without eligibility for a reduction. The person must also pay a $200 fine. That is comparable to the first offense for a .10 violation, which is a serious misdemeanor. The penalty is imprisonment for 48 hours, a fine of up to $1,000 or both.
A second .10 violation results in one week imprisonment, $750 in fines or both. The penalty for a third offense, a Class D felony, is 30 days in prison, $750 in fines or both.