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Iowa Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Iowa or Court of Appeals of Iowa where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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In re Marriage of Bode - 11/23/2005
Appellant Karen Bode appeals the district court's decision to modify the 1996 dissolution decree dissolving her marriage to Steven Bode by transferring physical care of the parties' two children to Steven and ordering her to pay child...

State v. Pettitt - 11/9/2005
Bruce Pettitt appeals from his conviction and sentence for operating while intoxicated, first offense. AFFIRMED. Considered by Huitink, P.J., and Mahan and Hecht, JJ. Bruce Pettitt appeals from his conviction and sentence...

State v. Stubbe - 10/26/2005
Stephen Stubbe appeals from the district court's sentencing order following his plea of guilty to operating while intoxicated, second offense. AFFIRMED. Considered by Sackett, C.J., and Vogel and Eisenhauer, JJ. Stephen...

State v. Kukowski - 10/7/2005
Appeal from judgment and sentence for operating while intoxicated, third offense, claiming the district court improperly conducted the enhancement proceedings under Iowa Rule of Criminal Procedure 2.19(9). REVERSED AND REMANDED. ...

State v. Bucklin - 6/15/2005
Matthew Bucklin appeals his conviction for first-degree robbery. AFFIRMED. Considered by Mahan, P.J., and Zimmer and Vaitheswaran, JJ. I. Background Facts & Proceedings On April 9, 2003, Matthew Bucklin sought to...

State v. Njenga - 6/15/2005
David Kiarie Njenga appeals following his conviction for operating while intoxicated, second offense. AFFIRMED. Heard by Mahan, P.J., and Zimmer, J., and Hendrickson, S.J. Defendant David Kiarie Njenga appeals from the...

State v. Clarke - 5/25/2005
The defendant-appellant appeals from his conviction following a jury trial. APPEAL DISMISSED. Considered by Sackett, C.J., and Huitink and Vaitheswaran, JJ. Defendant-appellant, Joseph Andrew Clarke, challenges his...

State v. Moorehead - 4/1/2005
On review from the Iowa Court of Appeals. Defendant convicted of drunk driving seeks further review of court of appeals' decision that held denial of his statutory right to contact family member was harmless error. DECISION OF...

State v. Swartz - 8/11/2004
Travis Swartz appeals following his conviction for operating while intoxicated, first offense. AFFIRMED. Defendant Travis Swartz appeals following his conviction for operating while intoxicated (OWI), first offense, in violation...

State v. Moorehead - 7/28/2004
The defendant appeals from his conviction, following a bench trial, of operating while intoxicated, first offense. AFFIRMED. I. Background Facts & Proceedings On April 20, 2003, at about 12:30 a.m., Deputy Matthew...

State v. Hartsfield - 6/16/2004
On review from the Iowa Court of Appeals. Defendant appeals assault conviction, claiming error in district court's refusal to give spoliation instruction. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED;...

State v. Pore - 6/9/2004
Vincent Pore appeals from his conviction, following a trial to the court, for possession of cocaine in violation of Iowa Code section 124.401(5) (2001). AFFIRMED. Vincent Pore appeals from his conviction, following a trial to the...

State v. Hillman - 5/26/2004
Jonathan Hillman appeals from the judgment entered on his conviction for first-degree murder and willful injury. AFFIRMED. Jonathan Hillman appeals from the judgment entered on his conviction for first-degree murder and willful...

State v. Bruck - 5/14/2004
William Bruck appeals from the six-year revocation of his driver's license. AFFIRMED. William Bruck was charged with third-offense operating while intoxicated (OWI) for events that took place on April 10, 2003. At trial, Bruck...

State v. Truesdell - 5/12/2004
On review from the Iowa Court of Appeals. Defendant challenges the sufficiency of evidence to support convictions for operating while intoxicated third offense and possession of a precursor with intent to manufacture. DECISION OF...

State v. Seaton - 4/28/2004
Defendant appeals from his conviction for operating while intoxicated, second offense, in violation of Iowa Code section 321J.2 (2001). AFFIRMED. Philip Jay Seaton appeals from his conviction for operating while intoxicated,...

State v. Scheller - 4/14/2004
The State appeals the decision of the trial court granting defendant's motion to suppress. REVERSED AND REMANDED. The State of Iowa, pursuant to a grant of discretionary review, challenges the ruling of the trial court sustaining...

State v. Miller - 3/24/2004
Jill Miller appeals from her conviction for operating while intoxicated, first offense, in violation of Iowa Code section 321J.2 (2003). Miller contends the district court erred when it overruled her motion to suppress. We affirm. I....

State v. Meislahn - 3/24/2004
Johnny Meislahn appeals his sentence for willful injury. Iowa Code § 708.4(2) (2001). He contends the district court abused its discretion in sentencing him to prison rather than granting him probation, as recommended in the presentence...

State v. Lovig - 2/25/2004
Appeal from a district court judgment and sentence entered after the denial of the defendant's motion to suppress evidence acquired through a warrantless search. REVERSED AND REMANDED. In this appeal, we consider whether the...

State v. Tague - 2/25/2004
Discretionary appeal from the district court's ruling sustaining defendant's motion to suppress evidence obtained after a traffic stop. AFFIRMED AND CASE REMANDED. This appeal involves a decision by the district court sustaining...

State v. Rial - 2/11/2004
Rial appeals the conviction for operating while intoxicated (second offense). AFFIRMED. A Black Hawk County deputy sheriff sergeant stopped a vehicle driven by Mark Rial after Rial abruptly turned into the officer's path. The...

State v. Albertson - 2/11/2004
Albertson appeals an order of the district court requiring her to pay restitution pursuant to Iowa Code section 910.3B (2001). AFFIRMED. Seventeen-year-old Brandy Albertson invited some friends, including eighteen-year-old Kevin...

State v. Johnson - 2/11/2004
We must determine whether the district court abused its discretion in admitting testimony of a six-year-old Breathalyzer test in a trial for operating while intoxicated. We conclude the evidence was irrelevant but its admission...

State v. Washington - 1/28/2004
Defendant appeals from the judgment and sentence following his conviction for homicide by vehicle. AFFIRMED. Marcel Levine Washington appeals from the judgment and sentence following his conviction for homicide by vehicle in...

State v. Jones - 1/28/2004
Randolph Jones appeals from his conviction and sentence for driving while intoxicated, third offense. AFFIRMED. I. Background Facts & Proceedings Randolph Jones was charged with driving while intoxicated, third offense,...

State v. Jones - 12/24/2003
On January 13, 2002, shortly after midnight, Reserve Officer Zach Zeutenhorst noticed a car driving twenty miles per hour in a thirty-mile-per-hour zone in Tama, Iowa. As Zeutenhorst approached in a marked police car from the opposite...

State v. Stratmeier - 12/17/2003
State appeals from ruling in OWI prosecution suppressing evidence of chemical test results. REVERSED AND REMANDED. In this appeal the State challenges a district court ruling that the results of a chemical test of a breath sample...

[T] In re Marriage of Robb - 10/15/2003
Julie Robb appeals the custody provisions of the decree dissolving her marriage to Mark Robb. AFFIRMED. Julie and Mark Robb married in 1988. They had three children: Matthew, Jesse, and Preston. In February 2002, Julie filed for...

Iowa Dep't of Transportation v. Iowa District Court for Dubuque County - 10/8/2003
Iowa Department of Transportation challenges order of the district court which mandates dating of six-year OWI driver's license revocation back to start of prior revocation for chemical test failure. WRIT SUSTAINED. Thomas Naber...

State v. Truesdell - 9/10/2003
Kirby J. Truesdell appeals his convictions for possession of precursors with intent to manufacture methamphetamine and for operating a motor vehicle while intoxicated. AFFIRMED. Kirby J. Truesdell appeals his convictions for...

State v. Morse - 8/27/2003
Defendant-appellant Edward Morse appeals his convictions and sentence, following a jury trial, for operating while intoxicated, second offense, in violation of Iowa Code section 321J.2 (2001) and possession of marijuana, in violation...

Plager v. Iowa Dept. Of Transp. - 8/27/2003
Robert Michael Plager appeals from the district court's ruling on judicial review affirming a Department of Transportation (DOT) decision revoking his driver's license for refusing to submit to a chemical test. He maintains the district...

[T] State v. Miller - 8/27/2003
Miller appeals the district court's denial of his motion to suppress evidence of his intoxication. AFFIRMED. Early one morning, an officer with the Denver, Iowa, police department noticed that a car in front of him was weaving...

[T] State v. Ealy - 6/25/2003
A defendant appeals the sentence imposed upon his conviction for OWI, third offense. AFFIRMED. William Joe Ealy appeals the sentence imposed upon his conviction for operating while intoxicated (OWI), third offense, in violation...

State v. Foss - 6/13/2003
Joseph Foss appeals following his conviction for operating while intoxicated, second offense. He contends the district court should have suppressed the results of a police-administered chemical breath test, because he was not afforded an...

Swihart v. Universal Underwriters Life Insurance Co. - 6/13/2003
Judy Swihart appeals an order granting summary judgment on her action regarding an insurance policy issued to Norman Mortensen. AFFIRMED. Judy Swihart appeals an order granting summary judgment on her action regarding an...

[T] Norem v. State - 5/29/2003
Applicant appeals from the district court's denial of his application for post-conviction relief from his conviction for vehicular homicide following his plea of guilty. AFFIRMED. Stephen Norem appeals from the district court's...

[T] State v. Elsberry - 4/30/2003
Appeal from the Iowa District Court for Boone County, Steven J. Oeth, District Associate Judge. Defendant appeals from the judgment and sentenced entered upon his conviction for operating while intoxicated. AFFIRMED. ...

[T] Bellville v. Farm Bureau Mutual Insurance Co. - 4/30/2003
Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge. Defendant seeks a new trial following a judgment against it on an underinsured motorist claim. AFFIRMED. Sue Ellen Bellville, riding as a...

State v. Albrecht - 2/26/2003
The State seeks discretionary review of a district court ruling granting defendant's motion to suppress the results of an intoxilyzer test. REVERSED AND REMANDED. The State seeks discretionary review of a district court ruling...

State v. Bartlett - 2/26/2003
On review from the Iowa Court of Appeals. The State seeks discretionary review of an order suppressing blood-test results in an OWI prosecution. The court of appeals reversed. DECISION OF COURT OF APPEALS AFFIRMED; DISTRICT COURT...

State v. Bernhard - 2/26/2003
Defendant, Stanley Allen Bernhard, appeals from his conviction of OWI. He contends that a chemical test of his blood-alcohol level should have been suppressed because his consent to the withdrawal of his blood was obtained by an...

State v. Tovar - 1/23/2003
The defendant, Felipe Tovar, challenges his conviction, after a bench trial, of third-offense operating while intoxicated (OWI). He claims his first OWI conviction should not have been used to enhance the penalty for his current conviction...

State v. Hanke - 1/15/2003
Al Hanke appeals his sentences following his conviction for operating a motor vehicle while intoxicated, third offense. See Iowa Code § 321J.2(2)(c) (2001). He contends the district court failed to give adequate reasons for imposing...

[T] State v. Reed - 1/15/2003
Allen Reed appeals his convictions for homicide by vehicle, nonconsensual termination of a pregnancy, serious injury by vehicle, and leaving the scene of a personal injury accident. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR...

[T] State v. Hanke - 1/15/2003
The defendant appeals his consecutive sentences for operating while intoxicated, third offense, in violation of Iowa Code section 321J.2(2)(c) (2001). AFFIRMED. Al Hanke appeals his sentences following his conviction for...

State v. Dohlman - 12/30/2002
Robert Dohlman appeals his convictions for two counts of homicide by vehicle and two counts of serious injury by vehicle. He claims: (1) the district court should have granted his motion to dismiss; (2) the court should have granted his...

State v. Doornink - 12/11/2002
Kit Jay Doornink has appealed his conviction following a jury trial for the crime of serious injury by vehicle in violation of Iowa Code section 707.6A(4) (1999). AFFIRMED. Kit Jay Doornink has appealed his conviction following a...

Richey v. State - 12/11/2002
The State appeals the district court's decision vacating the first-degree murder conviction of applicant and ordering a new trial. REVERSED, VERDICT REINSTATED. The State appeals from the district court's decision vacating...

Muller v. Noelck - 11/25/2002
Plaintiff appeals from the district court's ruling granting defendants' motion for summary judgment. AFFIRMED. Gerda Muller appeals from the district court's ruling granting Deputy Sheriff C.J. Noelck and Franklin County summary...

State v. Bird - 11/15/2002
David Bird appeals his conviction of operating a motor vehicle while intoxicated (OWI), second offense. REVERSED AND REMANDED. David Bird appeals his conviction of operating a motor vehicle while intoxicated (OWI), second...

Missman v. Iowa Department of Transportation - 11/14/2002
Driver appeals from district court's judicial review ruling affirming agency's revocation of his driver's license for chemical test refusal. AFFIRMED. Todd Eric Missman appeals from the district court's judicial review ruling...

Estate of Ballard v. Hazel's Blue Sky - 11/14/2002
Plaintiff suing as parent and personal representative of decedent appeals from adverse summary judgment in action seeking wrongful-death and loss-of-consortium damages from a liquor licensee. AFFIRMED. Colleen Dorrian, as parent...

Missman v. Iowa Dept. of Transp. - 11/14/2002
Todd Eric Missman appeals from the district court's judicial review ruling affirming the Iowa Department of Transportation's (IDOT) revocation of Missman's driver's license. The revocation was pursuant to Iowa Code section 321J.9 (1999)...

State v. Terrones - 9/11/2002
Defendant appeals from the sentence entered by the district court following his guilty plea to third offense operating while intoxicated (OWI) in violation of Iowa Code section 321J.2 (2001). AFFIRMED. Gregory Joe Terrones, Jr....

State v. Kreps - 9/5/2002
On review from the Iowa Court of Appeals. The State seeks further review of the court of appeals' decision affirming the district court's ruling, which granted defendant's motion to suppress. DECISION OF COURT OF APPEALS VACATED;...

State v. Bartlett - 8/14/2002
The State seeks discretionary review from a district court's grant of defendant's motion to suppress and from the court's supplemental suppression order. REVERSED AND REMANDED. The State seeks discretionary review from a district...

State v. Stoppel - 7/3/2002
The State appeals the district court's suppression of chemical blood test results. REVERSED AND REMANDED. The State appeals the district court's suppression of a chemical blood test. We reverse and remand for further proceedings....

State v. Meyer - 6/19/2002
Defendant appeals his conviction and sentence for vehicular homicide in violation of Iowa Code section 707.6A(2)(a) (1999). AFFIRMED. David Meyer, Jr. appeals his conviction and sentence for vehicular homicide in violation of...

State v. Tovar - 6/19/2002
Felipe Tovar appeals from the judgment and sentence following his conviction for operating while intoxicated, third offense, and driving while license barred in violation of Iowa Code sections 321J .2 and 321.561 (1999). We affirm. I....

State v. Ahart - 5/31/2002
Defendant appeals the district court's denial of his motion to suppress. AFFIRMED. Robert Ahart was charged with driving while intoxicated. He filed a motion to suppress, alleging he was denied his right to counsel, and an...

State v. Miles - 5/15/2002
Defendant Rex Allen Miles, a/k/a Jason Baker, appeals following his guilty plea, judgment and sentence on the charge of making a false report in violation of Iowa Code section 712.7 (1999). AFFIRMED AND REMANDED WITH DIRECTIONS. ...

State v. Graves - 5/15/2002
John Graves appeals his conviction for first-degree murder. AFFIRMED. John Graves appeals his conviction for first-degree murder. He challenges the district court's admission of three photographs of the victim and the court's...

State v. Holtz - 4/24/2002
Appeal from the Iowa District Court for Johnson County, Larry J. Conmey, Judge. Carla Holtz appeals the sentence entered on her guilty plea to operating while intoxicated, third offense. AFFIRMED. Carla Holtz appeals the...

State v. Zwagerman - 4/10/2002
Appeal from the Iowa District Court for Johnson County, Sylvia A. Lewis, District Associate Judge. Daniel Zwagerman appeals his judgment and sentence following a guilty verdict for operating while intoxicated, second offense....

Deppe v. Iowa Department of Transportation - 4/10/2002
Appeal from the Iowa District Court for Story County, Jon S. Scoles, Judge. The respondent appeals from the district court's ruling on judicial review holding the petitioner, whose license was revoked by the respondent as a...

DEPPE v. IOWA DEPT. OF TRANSP. - 4/10/2002
The Iowa Department of Transportation (IDOT) appeals from the district court's ruling on judicial review holding Charles Deppe, whose license was revoked by the IDOT as a result of a deferred judgment for operating while intoxicated,...

Deppe v. Iowa Dept. of Transp., Motor Vehicle Div. - 4/10/2002
The Iowa Department of Transportation (IDOT) appeals from the district court's ruling on judicial review holding Charles Deppe, whose license was revoked by the IDOT as a result of a deferred judgment for operating while intoxicated, is...

State v. Bindner - 3/27/2002
A jury convicted Paul Bindner of operating a motor vehicle while intoxicated. On appeal, he contends the district court should have suppressed the results of his Intoxilyzer test because he was not afforded an independent test as...

State v. Marks - 3/27/2002
Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge. The State was granted discretionary review of a district court ruling suppressing the results of field sobriety tests and a breath specimen...

State v. Hart - 3/27/2002
Appeal from the Iowa District Court for Cerro Gordo County, Carlynn D. Grupp, Judge. Kevin Al Hart appeals from his convictions for driving while barred and possession of a controlled substance (methamphetamine) following bench...

State v. Sly - 3/13/2002
Appeal from the Iowa District Court for Des Moines County, Michael Dieterich, District Associate Judge. Mary Ann Sly appeals from the judgment and sentence entered upon her conviction of operating while intoxicated, second...

In re Marriage of Horsman - 3/13/2002
Appeal from the Iowa District Court for Dubuque County, Robert J. Curnan, Judge. Randall Horsman appeals the visitation and property division provisions of a dissolution decree. AFFIRMED AS MODIFIED. Randall Horsman, Sr....

Rubes v. Mega Life And Health Ins. Co., Inc. - 2/27/2002
This declaratory judgment action concerns plaintiff Stephen Rubes' coverage for health and medical expenses under a policy of insurance issued by defendant MEGA Life and Health Insurance Company, Inc. (MEGA). Resolution of the controversy...

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