McCREA v. IOWA DEPT. OF TRANSP.

No. 68959.

336 N.W.2d 427 (1983)

James W. McCREA, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Iowa.

July 20, 1983.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., J. Eric Heintz, Sp. Asst. Atty. Gen., and Michael C. Fitzgerald, Asst. Atty. Gen., for appellant.

Ervin E. Nordstrom, Sioux City, for appellee.

Considered by UHLENHOPP, P.J., and HARRIS, McGIVERIN, LARSON, and SCHULTZ, JJ.


McGIVERIN, Justice.

This appeal raises two basic questions under our implied consent law, Iowa Code ch. 321B (1981): (1) Whether the burden of proof in an administrative proceeding is on the driver's licensee to show compliance with the statute, and (2) whether substantial evidence exists to support the agency's finding of a refusal by the licensee to submit to chemical testing to determine the alcoholic content of his blood. On judicial review the district court...

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