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HENRY v. IOWA DEPT. OF TRANSP., M.V.D.

No. 87-914.

426 N.W.2d 383 (1988)

Donald Franklin HENRY, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

July 20, 1988.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Ted Metier, Asst. Atty. Gen., Ames, for appellant.

Gordon K. Darling, Jr., of Darling, Chickering & Darling, Winterset, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, LAVORATO, and ANDREASEN, JJ.

LAVORATO, Justice.

In this judicial review of a driver's license revocation case, the Iowa Department of Transportation asks us to determine whether the "written request" provision of Iowa Code section 321B.4 (1985) requires a peace officer to complete an implied consent form before orally requesting an alternative chemical test.

The department revoked Donald Franklin Henry's license after he had allegedly refused both blood and urine tests for intoxication...

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