Public Intox While On Probation

Here is what happened, I am on probation for owi so i am not allowed to drink how ever i went to a bar and got drunk with the manager of the bar (friend of mine) As I'm walking out of the bath room the cop that gave me a owi walks in looks at me smiles and asks if I'm ready to go to jail (we don't get along very well) i ask what for, he says your on probation come with me.
I said no way in hell I'm going outside of the bar you will give me a public intox i was told that was not a option he grabbed my hands behind my back not cuffed but held them and forcefully walked me outside.
we stand outside for about 2 min tell a probation officer shows up and gives me a breath test and off to jail i go.

Now I know I am in violation of my probation buy drinking and will have to deal with what ever the judge decides to do there. my question is about the public intox ticket since i was in a private business not in public until the cops took me against my will in public can i fight this ?

If you check your state's "public intox" statute, you will probably find that it applies in places which are open to the public, which would include a bar.

here is what i can find for public intox in iowa only thing i can see that applys to me is paragraph 2 and i would think a bar would have to have a liqure control licence?

As used in this section unless the context otherwise requires:

a. "Arrest" means the same as defined in section 804.5 and includes taking into custody pursuant to section 232.19.

b. "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.

c. "Peace officer" means the same as defined in section 801.4.

d. "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 twelve.

2. A person shall not use or consume alcoholic liquor, wine, or beer upon the public streets or highways. A person shall not use or consume alcoholic liquor in any public place except premises covered by a liquor control license. A person shall not possess or consume alcoholic liquors, wine, or beer on public school property or while attending a public or private school-related function. A person shall not be intoxicated or simulate intoxication in a public place. A person violating this subsection is guilty of a simple misdemeanor.

3. 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.

4. a. A peace officer shall make a reasonable effort to identify a person under the age of eighteen who violates this section and, if the person is not referred to juvenile court, the law enforcement agency of which the peace officer is an employee shall make a reasonable attempt to notify the person's custodial parent or legal guardian of the violation, whether or not the person is taken into custody, unless the officer has reasonable grounds to believe that notification is not in the best interests of the person or will endanger that person.

b. The peace officer shall also make a reasonable effort to identify the elementary or secondary school which the person attends if the person is enrolled in elementary or secondary school and to notify the superintendent or the superintendent's designee of the school which the person attends, or the authorities in charge of the nonpublic school which the person attends, of the violation. If the person is taken into custody, the peace officer shall notify a juvenile court officer who shall make a reasonable effort to identify the elementary or secondary school the person attends, if any, and to notify the superintendent of the school district or the superintendent's designee, or the authorities in charge of the nonpublic school, of the violation. A reasonable attempt to notify the person includes, but is not limited to, a telephone call or notice by first-class mail.

5. Upon the expiration of two years following conviction for a violation of this section, a person may petition the court to exonerate the person of the conviction, and if the person has had no other criminal convictions, other than simple misdemeanor violations of chapter 321 during the two-year period, the person shall be deemed exonerated of the offense as a matter of law. The court shall enter an order exonerating the person of the conviction, and ordering that the record of the conviction be expunged by the clerk of the district court.

Public intoxication by drinking in a bar doesn't seem to be covered by that statute.

However, that is pretty minor.

You violated your probation and resisted arrest.

This is serious.

You can consume liquor in a bar ("A person shall not use or consume alcoholic liquor in any public place except premises covered by a liquor control license"), but you are separately prohibited from being intoxicated in a public place including a bar ("A person shall not be intoxicated or simulate intoxication in a public place").

This is hilarious:

2. ...A person shall not be intoxicated or simulate intoxication in a public place....

This is going to ruin a lot of good actors!:D

...The cop was like, "Mr. White, you are being charged with drunk in public-KA!" I was like, "Hey, hey, hey, hey, hey, hey! I was drunk in a bar! They, threw me into public-KA! I don't want to be drunk in public-KA! I wanna be drunk in a bar, which is perfectly legal! Arrest them!"....

http://www.imdb.com/title/tt0330069/quotes


Yep.

I think we done been scammed.

...I said no way in hell I'm going outside of the bar you will give me a public intox i was told that was not a option he grabbed my hands behind my back not cuffed but held them and forcefully walked me outside....

Thanks for replies I was assuming A bar would be a privet business. still think i may try to fight it will probably have same outcome either way.
And yes i wanted to be drunk inside bar not outside they don't serve beer outside.