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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State v. Kreps - 2/20/2002
Appeal from the Iowa District Court for Pottawattamie County, Kathleen Kilnoski, District Associate Judge.
The State appeals from the district court's ruling on Michael Kreps' motion to suppress, finding that probable cause did...
State v. Kienast - 2/6/2002
John Kienast appeals his judgment and sentence for operating while intoxicated, first offense. He contends the arresting reserve officer was not a peace officer whose knowledge could be imputed to the officer administering the chemical...
State v. Schabilion - 1/9/2002
Appeal from the Iowa District Court for Johnson County, Kristin L. Hibbs, Judge.
Thomas Schabilion appeals from his judgment and sentence following a guilty plea to operating while intoxicated (OWI) third offense as an habitual...
Stille v. Iowa Department of Transportation - 12/28/2001
Appeal from the Iowa District Court for Polk County, David L. Christensen, Judge.
Brian Stille appeals from the district court ruling affirming the Iowa Department of Transportation's entry of his conviction on a charge for...
Alger v. Iowa Department of Transportation - 12/28/2001
Appeal from the Iowa District Court for Johnson County, Douglas S. Russell, Judge.
The respondent appeals from the district court's ruling on judicial review reversing the respondent's order extending the petitioner's license...
State v. Hoose - 12/28/2001
Appeal from the Iowa District Court for Linn County, Patrick R. Grady (motion to suppress) and David M. Remley (trial and sentencing), Judges.
Lisa Maria Hoose appeals from the judgment and sentence entered upon her conviction...
Buerger v. Iowa Department of Transportation - 12/28/2001
Appeal from the Iowa District Court for Clayton County, John Bauercamper, Judge.
Waylin Buerger appeals from the district court's ruling which affirmed the decision of the Iowa Department of Transportation that denied as untimely...
Boyer v. Iowa Department of Transportation - 11/16/2001
Appeal from the Iowa District Court for Cass County, James M. Richardson, Judge.
Agency appeals from the district court order overturning its decision revoking the petitioner's license for chemical test failure. REVERSED. ...
State v. Pink - 11/16/2001
Appeal from the Iowa District Court for Benton County, David S. Good (motion to suppress), Douglas S. Russell (trial and sentencing), Judges.
Defendant appeals from the judgment and sentence entered upon his convictions for...
State v. Kolbet - 11/15/2001
Appeal from the Iowa District Court for Chickasaw County, Margaret L. Lingreen, Judge.
Defendant appeals from convictions of homicide by vehicle in violation of Iowa Code section 707.6A(2)(a) (Supp. 1997) and serious injury by...
Ludwig v. Iowa Dept. of Transportation - 10/12/2001
Appeal from the Iowa District Court for Crawford County, John C. Ackerman, Judge.
The respondent appeals from the district court's ruling on judicial review reversing the revocation of petitioner's driver's license for a chemical...
Dolan v. Civil Service Commission of the City of Davenport - 10/10/2001
Appeal from the Iowa District Court for Scott County, David E. Schoenthaler, Judge.
Civil Service Commission appeals district court decision to reinstate firefighter discharged for misconduct pursuant to Iowa Code sections 400.19...
State v. Walshire - 10/10/2001
Jeremiah Walshire was convicted of driving under suspension, and he appealed, claiming error in the court's denial of his motion to suppress evidence. We affirm.
I. Facts and Prior Proceedings.
The Marion Police Department received an...
Stine v. City of Lisbon - 9/26/2001
Neil Stine appeals the district court's order granting defendants' motion for summary judgment in his wrongful arrest suit. He contends the trial court erred in granting the summary judgment motion because genuine issues of material fact...
State v. Legg - 9/6/2001
Appeal from the Iowa District Court for Harrison County, Charles L. Smith III (suppression) and Timothy O'Grady (trial and sentencing), Judges.
Defendant appeals conviction for operating while intoxicated, claiming error in...
State v. Williams - 8/29/2001
Appeal from the Iowa District Court for Henry County, John G. Linn (suppression hearing), and William L. Dowell (trial and sentencing), Judges.
Defendant appeals from the judgment and sentence entered upon jury verdicts finding...
State v. Anspach - 5/31/2001
Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.
Appeal from conviction finding motor vehicle operator guilty of child endangerment under Iowa Code section 726.6(1)(a) (1999). AFFIRMED. ...
State v. Christianson - 5/31/2001
Appeal from the Iowa District Court for Howard County, Alan L. Pearson, John Bauercamper, and Bruce Zager, Judges.
Defendant appeals from conviction of involuntary manslaughter under Iowa Code section 707.5(1) (1997). REVERSED...
State v. Jennings - 5/9/2001
Appeal from the Iowa District Court for Jasper County, Thomas W. Mott, District Associate Judge.
The defendant appeals from the judgment and sentence entered following his guilty plea to operating while intoxicated, third...
State v. Sable - 2/28/2001
Appeal from the Iowa District Court for Polk County, Thomas A. Renda, District Associate Judge.
Defendant appeals from the judgment and sentence entered following his conviction of second-offense operating while intoxicated....
[T] State v. Talbert - 2/14/2001
Appeal from the Iowa District Court for Wapello County, Kirk A. Daily, District Associate Judge.
In this discretionary review proceeding, the State challenges a district court finding that it failed to prove a prior out-of-state...
State v. Roling - 2/7/2001
Defendant-Appellant, Lynn Anthony Roling, appeals from his conviction for operating while intoxicated and failure to yield in violation of Iowa Code sections 321J.2(1)(a)(b) and 321.298. Defendant contends the district court erred in: (1)...
Voss v. Iowa Dept. of Transp., Motor Vehicle Div. - 1/18/2001
The issue is this case is whether Iowa Code section 321J.8 (1999) [FN1] requires that the implied consent advisory be reread before the administration of each chemical test when multiple tests are requested. The appellant, Iowa Department...
Napier v. Iowa Department of Transportation - 12/13/2000
Appeal from the Iowa District Court for Chickasaw County, John Bauercamper, Judge.
The petitioner appeals from the district court's ruling on judicial review affirming the respondent's revocation of his driver's license for a...
In re D.G. - 12/13/2000
Appeal from the Iowa District Court for Tama County, Jane Spande, Judge.
Mother appeals from an order terminating her parental rights to three of her children. She contends the court erred in concluding that she had not...
In re T.L. - 12/13/2000
Appeal from the Iowa District Court for Black Hawk County, Alan D. Allbee, Associate Juvenile Judge.
Mother and father appeal from the termination of their parental rights.
AFFIRMED.
A mother and father appeal the...
State v. Carlsen - 11/8/2000
Appeal from the Iowa District Court for Black Hawk County, James D. Coil, District Associate Judge (suppression) and Walter W. Rothschild, District Associate Judge (trial and sentencing).
Travis Carlsen appeals his conviction,...
State v. Hernandez - 9/27/2000
Appeal from the Iowa District Court for Plymouth County, Gary E. Wenell, Judge.
Dionicio Hernandez, Jr. appeals from his conviction and sentence for homicide by motor vehicle in violation of Iowa Code section 707.6A(1) (Supp....
Iowa Supreme Court Board Of Professional Ethics And Conduct v. Bjorklund - 9/7/2000
On review of the report of the Grievance Commission.
Review of a report by the Grievance Commission recommending a public reprimand for violation of lawyer advertising rules.
ATTORNEY REPRIMANDED.
Considered en banc. ...
State v. Riley - 8/16/2000
Appeal from the Iowa District Court for Polk County, Thomas A. Renda, District Associate Judge, and Artis Reis, Judge.
Jack Riley appeals his conviction and sentence for operating while intoxicated, third offense.
AFFIRMED....
Voss v. Iowa Department of Transportation - 7/26/2000
Appeal from the Iowa District Court for Dubuque County, R.J. Curnan, Judge.
The respondent appeals from the district court's ruling on judicial review reversing the revocation of the petitioner's driver's license for a chemical...
Garwick v. Iowa Department of Transportation - 6/1/2000
Appeal from the Iowa District Court for Polk County, Donna L. Paulsen, Judge.
Appellant appeals district court's affirmance of agency's one-year revocation of his driver's license.
AFFIRMED.
Considered en banc. ...
State v. Norem - 5/31/2000
Appeal from the Iowa District Court for Jackson County, J. Hobart Darbyshire, Judge.
Stephen Norem appeals the sentence imposed following his conviction for vehicular homicide.
AFFIRMED.
Stephen Norem appeals the...
In re Marriage of Haag - 5/31/2000
REVERSED AND REMANDED.
Petitioner-Appellant Terence M. Haag appeals challenging the district court's refusal to modify the custodial provisions of the October 31, 1994, decree dissolving his marriage to Respondent-Appellee Audrey...
State v. Rohm - 4/26/2000
Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.
Appeal from judgment and sentence for involuntary manslaughter. AFFIRMED.
Considered en banc.
This is an appeal by a parent who was convicted...
State v. Thomas - 4/12/2000
Appeal from the Iowa District Court for Black Hawk County, Thomas N. Bower, Judge.
Defendant appeals from his conviction for operating while intoxicated.
AFFIRMED; REMANDED WITH DIRECTIONS.
Quincy Thomas appeals his...
Buttolph v. Iowa Department of Transportation - 2/23/2000
Appeal from the Iowa District Court for Howard County, James L. Beeghly, Judge.
The petitioner appeals from the district court's ruling on judicial review affirming the respondent's revocation of the petitioner's driver's license...
State v. Davis - 2/23/2000
Appeal from the Iowa District Court for Mahaska County, Michael R. Stewart, District Associate Judge.
Defendant Appellant, Sherry Renee Davis, appeals from the judgment and sentence entered after her conviction by a jury of...
State v. Short - 2/23/2000
Appeal from the Iowa District Court for Madison County, J.W. Jordan and David L. Christensen, Judges.
The defendant appeals from his conviction for operating a motor vehicle while under the influence of alcohol, first offense, in...
State v. James - 2/9/2000
Appeal from the Iowa District Court for Black Hawk County, Joseph Moothart, District Associate Judge.
Defendant appeals from the judgment and sentence entered after a bench trial in which the district court found him guilty of...
State v. Alger - 2/9/2000
Appeal from the Iowa District Court for Buena Vista County, Joseph J. Straub, Judge.
The State of Iowa appeals from a district court decision to sustain Tracy Alger's motion to suppress an implied consent form and blood test...
State v. Wiseman - 1/12/2000
Appeal from the Iowa District Court for Washington County, Lucy J. Gamon, District Associate Judge.
A jury convicted Larry Wiseman of operating a motor vehicle while intoxicated (second offense). On appeal, he contends his prior...
State v. Duitscher - 12/27/1999
Appeal from the Iowa District Court for Franklin County, Stephen P. Carroll and Peter Newell, District Associate Judges.
William Duitscher appeals from his conviction for operating while intoxicated.
William Duitscher...
State v. McCoy - 12/22/1999
Appeal from the Iowa District Court for Boone County, Steven J. Oeth, District Associate Judge.
Defendant appeals to challenge denial of his motion to suppress evidence in a driving-while-intoxicated prosecution.
The...
Bruno v. Iowa Department of Transportation - 12/22/1999
Appeal from the Iowa District Court for Black Hawk County, James C. Bauch, Judge.
Iowa Department of Transportation appeals from a decision overturning its revocation of a motorist's driver's license based on an excessive blood...
Bruno v. Iowa Dept. of Transportation - 12/22/1999
Appeal from the Iowa District Court for Black Hawk County, James C. Bauch, Judge.
Iowa Department of Transportation appeals from a decision overturning its revocation of a motorist's driver's license based on an excessive blood...
Hippler v. Iossi - 12/13/1999
Appeal from the Iowa District Court for Scott County, Mark J. Smith, Judge.
Defendant appeals a ruling denying his motion for JNOV and granting plaintiffs' motion for a new trial in their personal injury action.
After...
State v. Flattery - 12/13/1999
Appeal from the Iowa District Court for Story County, Thomas R. Hronek, District Associate Judge.
Defendant appeals from the sentence imposed following his guilty plea to second-offense operating while intoxicated, contending the...
Lubka v. Iowa Department of Transportation Motor Vehicle Division - 9/9/1999
Appeal from the Iowa District Court for Allamakee County, John Bauercamper, Judge.
Appeal from revocation of driver's license under implied consent law, Iowa Code ch. 321J (1997). AFFIRMED.
Reginald Lubka's driver's license...
State v. Schminkey - 7/8/1999
On review from the Iowa Court of Appeals.
Appeal from the Iowa District Court for Benton County, Van D. Zimmer, Judge.
Defendant appeals his conviction of theft of a motor vehicle and his consecutive sentences for this...
[T] State v. Nikkel - 6/3/1999
Appeal from the Iowa District Court for Polk County, Cynthia M. Moisan and Douglas Staskal, District Associate Judges.
Defendant challenges ruling on motion to suppress in connection with conviction for operating while...
State v. Stoen - 6/3/1999
Appeal from the Iowa District Court for Winneshiek County, Margaret L. Lingreen, Judge.
Defendant appeals his conviction of operating while intoxicated, third offense, claiming error in the application of the 1997 amendments to...
State v. Ayers - 1/21/1999
Appeal from the Iowa District Court for Henry County, John C. Miller, Judge.
Defendant appeals from sentence imposing mandatory minimum sentence and fines. SENTENCES VACATED; REMANDED FOR RESENTENCING.
A jury convicted...
[T] Sulma v. Iowa District Court for Washington County - 2/18/1998
The district court found Andrew Sulma in contempt for refusing his former wife visitation with their two minor children. Sulma claims, by way of petition for certiorari, that the court's order was not supported by substantial evidence....
HAYWARD v. P.D.A. - 12/24/1997
Plaintiff appeals from the district court's ruling granting defendant's motion for summary judgment in this dramshop action. She argues the district court erred in finding that defendant's actions were not a proximate cause of...
STATE v. BELL - 12/24/1997
Walter Bell pled guilty to possession of marijuana in violation of Iowa Code section 124.401(3) (1995). As part of the sentence, the court ordered that Bell's driver's license be revoked as provided by 1996 Iowa Acts chapter 1218,...
STATE v. PICKETT - 12/24/1997
This case involves an appeal by the State of the trial court's suppression of field sobriety tests conducted by a deputy sheriff on the defendant, Alvin Wayne Pickett. Pickett was arrested and charged by trial information with...
STATE v. MAI - 10/29/1997
Jay Lee Mai appeals from the sentence imposed by the district court following his conviction of operating a motor vehicle while intoxicated, first offense.
I. Background Facts and Proceedings.
Mai was charged with vehicular...
STATE v. KINKEAD - 10/22/1997
Following a stipulated trial, defendant Craig Allen Kinkead was convicted of possession of a controlled substance (crack cocaine), manufacturing a controlled substance (marijuana), and operating a vehicle without a valid motor vehicle...
STATE v. MOORE - 9/17/1997
In this case, we must determine if a deferred judgment that had been expunged under Iowa Code section 907.9 (1995) must be considered a prior plea or verdict of guilty under Iowa Code section 321J.4. The trial court concluded it must...
STATE v. KENTNER - 4/23/1997
Raquel Kentner has appealed her conviction of operating while intoxicated, contending that it was error for the district court to deny her motion to suppress breath-test results because the testing officer had failed to comply with the...
PRIMM v. IOWA DEPT. OF TRANSP. - 3/26/1997
The Iowa Department of Transportation (DOT) ordered the revocation of Jeffrey Primm's driver's license for his refusal to submit to withdrawal of a specimen for chemical testing following his arrest for OWI. See Iowa Code § 321J.9...
HEICK v. BACON - 3/26/1997
This case arises out of a near-head-on collision between an automobile, in which one of the plaintiffs was traveling, and a truck. The plaintiffs sued the driver of the truck, two passengers who were in the truck at the time of the...
STATE v. HENNEBERRY - 1/22/1997
Appellant, Ryan Henneberry, appeals a bench verdict finding him guilty of driving while under the influence of alcohol, based on blood evidence taken by medical personnel for treatment and diagnostic purposes. We reverse and remand. ...
ZENOR v. IOWA DEPT. OF TRANSP. - 11/27/1996
Plaintiff-appellant Tracy Lee Zenor appeals from the district court's ruling affirming the ruling of defendant-appellee Iowa Department of Transportation, Motor Vehicle Division, revoking plaintiff's driver's license pursuant to Iowa...
KLARENBEEK v. IOWA DEPT. OF TRANSP. - 11/20/1996
This is an appeal from the revocation of petitioner's driver's license for operating a motor vehicle while under the influence of alcohol, in violation of Iowa Code chapter 321J. The district court affirmed the decision of the...
STATE v. LINDEMAN - 11/20/1996
Defendant, Michael Lindeman, was charged with operating a motor vehicle while intoxicated in violation of Iowa Code section 321J.2 (1995). The district court suppressed the results of a breath test, ruling the State did not comply with...
STATE v. PALMER - 9/18/1996
Appellee, William Albert Palmer, was charged with operating a motor vehicle while intoxicated in violation of Iowa Code section 321J.2 (1995). The district court granted Palmer's motion to suppress the results of a breath test...
STATE v. VOGEL - 5/22/1996
Michael Vogel appeals, arguing that his conviction for operating while intoxicated (OWI), third offense, following the administrative revocation of his driver's license for refusing to submit to chemical testing violates the Double...
STATE v. ADERHOLDT - 3/20/1996
We granted the State's application for discretionary review to consider its challenge to an order suppressing evidence in a drug case. The fighting issue is whether state troopers lawfully impounded the defendants' vehicle or whether —...
WEMETT v. SCHUELLER - 12/22/1995
In this appeal from an order granting defendants-appellees Tina Schueller, Jody Hord, and Anna Pacut's motions for summary judgment, plaintiffs-appellants Richard R. Wemett, Teresa M. Wemett, Caitlin Rae Wemett, and Hanna Marie Wemett...
IN INTEREST OF R.R.K. - 12/22/1995
Jeffrey is the putative father of K.A.O., born May 22, 1989, and H.G.O., born April 1, 1991. He lived with their mother, Kandis, and their half-sister, R.R.K., beginning in 1986 or 1987. Jeffrey did not wish to be listed as the father...
CARR v. SAN-TAN - 11/27/1995
Alan Ray Carr and Rachel W. Carr brought this suit seeking damages after Alan Carr suffered serious injuries while diving at a beach operated by defendants. The jury found Carr and defendants each fifty percent at fault. The district...
STATE v. ORTE - 11/22/1995
Kenneth Donald Orte appeals his conviction and sentence for two counts of homicide by vehicle. See Iowa Code § 707.6A(1) (1993). Orte raises two issues. He challenges the district court's refusal to issue mittimus in the present case...
PHILLIPS v. DAVIS-SPURLING - 11/22/1995
This is a contest under Iowa Code section 600B.40 (1993) for the primary physical care of a five-year-old girl, Dallas. The parents, Terry Phillips and Cory Davis-Spurling, have never been married. The district court awarded physical...
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