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STATE v. KOCHER

No. 95-348.

542 N.W.2d 556 (1996)

STATE of Iowa, Appellee, v. Vicky Lynn KOCHER, Appellant. STATE of Iowa, Appellant, v. James Leo HOEFING, Appellee.

Supreme Court of Iowa.

January 17, 1996.

Attorney(s) appearing for the Case

Priscilla E. Forsyth, Milford, for appellant Vicky Lynn Kocher.

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, and James J. Koll, Webster County Attorney, Michael L. Zenor, Clay County Attorney, and Michael Houchins, Assistant Clay County Attorney, for State of Iowa.

Robert M. Sherman, Fort Dodge, for appellee James Leo Hoefing.

Considered by HARRIS, P.J., and LARSON, CARTER, SNELL, and ANDREASEN, JJ.

LARSON, Justice.

The narrow issue in these consolidated appeals is whether the double jeopardy provision of the Fifth Amendment to the United States Constitution bars prosecution of a defendant in an OWI case if the defendant's license has previously been suspended through administrative proceedings.1 We conclude that it does not.

Vicky Kocher was arrested on August 13, 1994, and charged...

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