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HARTVIGSEN v. D.O.T., MOTOR VEHICLE DIV.

No. 87-420.

426 N.W.2d 399 (1988)

John Joseph HARTVIGSEN, 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., Charles J. Krogmeier, Sp. Asst. Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., Ames, for appellant.

Dennis D. Jasper, Bettendorf, for appellee.

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

LARSON, Justice.

John Joseph Hartvigsen was arrested on three separate occasions in 1985 for driving while intoxicated in violation of Iowa Code section 321.281 (1985). Each time he refused a chemical test, and his license was revoked by three separate orders of the Iowa Department of Transportation (DOT). See Iowa Code § 321B.13 ("implied consent" statute). The revocations were upheld by the agency review procedure, and Hartvigsen petitioned for judicial...

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