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BARKER v. DEPT. OF TRANSP., MVD

No. 87-1698.

431 N.W.2d 348 (1988)

Curtiss Franklin BARKER, II, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DEPARTMENT, Appellant.

Supreme Court of Iowa.

November 23, 1988.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Merrell M. Peters, Asst. Atty. Gen., for appellant.

David A. Lemanski of Fuerste, Carew, Coyle, Juergens & Sudmeier, P.C., Dubuque, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LAVORATO, NEUMAN, and SNELL, JJ.

HARRIS, Justice.

The district court reversed an administrative driver's license revocation order, declaring invalid the department's regulation upon which it was based. Although we do so by way of a different analysis, we agree with the conclusion of the district court and affirm.

When arrested for operating while intoxicated, Barker submitted to a breath test on an Intoxilyzer 4011A. The test indicated a blood alcohol content of .108%. The margin of error...

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