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DOWNING v. IOWA DEPT. OF TRANSP.

No. 86-1539.

415 N.W.2d 625 (1987)

Clifford Leroy DOWNING, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Iowa.

November 25, 1987.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for appellant.

Dennis D. Jasper of Stafne, Lewis & Jasper, Bettendorf, for appellee.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, LAVORATO, and NEUMAN, JJ.

LAVORATO, Justice.

In this judicial review proceeding we must decide whether the district court erred in rescinding the revocation of Clifford Leroy Downing's license to drive. The Iowa Department of Transportation (DOT) found that Downing had refused to take a urine test requested by a police officer who suspected him of operating a motor vehicle while under the influence of alcohol (OWI). See Iowa Code § 321B.4

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