WIEBENGA v. IOWA DEPT. OF TRANSP.

No. 94-601.

530 N.W.2d 732 (1995)

Steven Merrill WIEBENGA, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

April 26, 1995.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., and Kerry Anderson, Asst. Atty. Gen., for appellant.

Michael A. Bowman of Shimanek, Shimanek & Bowman, Monticello, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SNELL, and TERNUS, JJ.


TERNUS, Justice.

The question presented here is whether blood test results that are inadmissible in a criminal proceeding may nevertheless be used as a basis to revoke a commercial driver's license. We think they may and so reverse the district court's ruling to the contrary.

I. Background Facts and Proceedings.

Steven Wiebenga, appellee, was arrested and charged with operating a motor vehicle while intoxicated (OWI). See Iowa Code &...

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