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STATE v. NELSON

No. 85-1590.

394 N.W.2d 346 (1986)

STATE of Iowa, Appellant, v. Kenneth Mark NELSON, Appellee.

Supreme Court of Iowa.

October 15, 1986.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Ann Brenden, Asst. Atty. Gen., James W. Herrig, Co. Atty., and Michael J. Whalen, Asst. Co. Atty., for appellant.

Steven J. Hodge of Kaufman, Lange, Hodge & Neuhaus, Dubuque, for appellee.

Considered by REYNOLDSON, C.J., and LARSON, SCHULTZ, WOLLE and NEUMAN, JJ.

SCHULTZ, Justice.

We granted the State's application for discretionary review of the trial court's order suppressing evidence of a blood alcohol test. Kenneth Mark Nelson was charged with the crime of operating a vehicle while intoxicated or drugged in violation of Iowa Code section 321.281(1)(a), (b) (1985). In preparing to administer a test pursuant to the implied consent provisions of Iowa Code section 321B.4, the officer initially determined that Nelson should...

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