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Iowa Dep't of Transportation v. Iowa District Court for Dubuque County10/8/2003
ed illegally when it dated Naber's six-year revocation for his third conviction of OWI to run concurrently with the start of a prior administrative revocation for failure to take a chemical test. Although Iowa Code section 321J.4(4) is ambiguous, there is no statutory authority for the district court's action, which is, in effect, an impermissible "credit" for a prior administrative revocation. Nor can any alleged plea agreement between Naber and the county attorney bind the DOT. Lastly, because our interpretation of section 321J.4(4) does not infringe upon Naber's rights to discovery and trial, the writ must be sustained.
WRIT SUSTAINED.
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