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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DOT v. DIST. CT. FOR BREMER COUNTY - 7/19/1995
Does a district court have authority in a criminal case to enter an order that in effect prohibits the revocation of the defendant's driver's license by the Iowa Department of Transportation (DOT)? We think it does not. Therefore, we...
STATE v. WALKER - 6/27/1995
[538 NW2d Page 318]
On the evening of July 15, 1993, sometime after 9:00 p.m., John Walker went to pick up his wife Jackie at her parents' home. Walker and Jackie argued in the house. Jackie went outside and Walker followed. He...
STATE v. MANNA - 6/21/1995
This case comes to us on further review of a court of appeals decision reversing a district court judgment of conviction and sentence. The judgment is based upon evidence of intoxication that the district court refused to suppress. The...
STATE v. LOYD - 4/26/1995
EDITORS' NOTE: THIS PAGE CONTAINED AND ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [530 NW2d Page 710]
Sue Anne Loyd was charged and convicted of operating while intoxicated (OWI), in violation of...
WIEBENGA v. DEPT. OF TRANSP. - 4/26/1995
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...
WARD v. LOOMIS BROS. - 3/30/1995
This appeal follows a wrongful death action filed by plaintiff-appellant Alyce M. Ward, the administrator of the estate of Terry B. Ward. Terry, a painter, was killed when he fell from a scissors lift not properly secured. At the time...
STATE v. WISSING - 3/29/1995
[528 NW2d Page 563]
The defendant appeals his convictions of involuntary manslaughter and vehicular homicide, in violation of Iowa Code sections 707.5 and 707.6A (1993). He asserts he received ineffective assistance of counsel...
STATE v. KJOS - 11/23/1994
At 4:30 a.m. on the morning of August 30, 1992, Defendant, Ordell Thomas Kjos, was arrested for operating a motor vehicle while under the influence of an alcoholic beverage (OWI). See Iowa Code § 321J.2(1) (1991). More than two hours...
STATE v. SATERN - 5/25/1994
Defendant John Satern and his friend Harold Schnetter spent the evening of December 13, 1991, drinking and cruising the topless bars around Fort Dodge, Iowa. Shortly after 11 p.m., Satern's pickup crossed the centerline of a rural...
STATE v. MELOHN - 4/4/1994
On February 13, 1993, at approximately 10:30 p.m., Waterloo police officers Robert Hewitt and Jeffery Harrington had just finished an investigatory call and were walking back to their car when they heard five shots to the west. The...
STATE v. DYKES - 6/19/1991
Cash and an automobile were ordered forfeited under Iowa Code chapter 809 (1989). On appeal defendant contends there was no substantial evidence to support the trial court finding that the forfeited property had been used in the...
STATE v. HARRISON - 5/29/1991
Arthur Albert Harrison was accused of driving while barred as a habitual offender, a violation of Iowa Code sections 321.560 and 321.561 (1989). Harrison's sole defense at trial was one of justification. Harrison testified that he and...
HOBBIEBRUNKEN v. G & S ENTERPRISES - 5/15/1991
This dramshop action arises from a boating accident on Clear Lake in August 1986 in which Douglas Hobbiebrunken was killed. The jury found for the defendant. On plaintiff's appeal, we affirm.
I. Background.
The facts in...
FERNANDEZ v. CURLEY - 11/21/1990
Plaintiff, Fernando Fernandez, who recovered actual and punitive damages from defendant, Larry Dean Curley, as a result of injuries sustained in an automobile collision, appeals from an order denying his motion for new trial on the...
STATE v. CUNNINGHAM - 9/26/1990
Defendant-appellant Angela Cunningham was charged with the class D felony of homicide by vehicle, a violation of Iowa Code § 707.6A(1). A jury found her guilty, and the court sentenced her to a term of imprisonment not to exceed five...
HAUN v. CRYSTAL - 8/30/1990
Appellant Iowa Department of Transportation (DOT) appeals the decision of the district court which overturned appellant's revocation of appellee's driver's license. We affirm.
On December 6, 1988, at approximately 5:30 p.m.,...
WAECHTER v. ALUMINUM CO. OF AMERICA - 4/18/1990
The decisive issue here is whether an employee and an employer reached an agreement that settled the employee's claim against the employer for allegedly violating Iowa's employee drug testing law. The district court thought so. We do...
COMMITTEE ON PRO. ETHICS & CONDUCT v. BAUDINO - 3/21/1990
Professional ethics violations by lawyers who fail to file their income tax returns on time abound in our case reports. This is another one. Appellant Robert J. Baudino, Jr., appeals the recommendation of the Grievance Commission that...
STATE v. MANNION - 10/21/1987
We affirm defendant Mannion's conviction of operating a motor vehicle while intoxicated, third offense, in violation of Iowa Code section 321.281 (1985). In doing so we reject a challenge to a ruling which allowed the jury to view, but...
DEAN v. IOWA DEPT. OF TRANSP. - 9/30/1987
The Iowa Department of Transportation (D.O.T.) appeals the district court's reversal of the D.O.T.'s revocation of appellee's driver's license. We reverse.
The D.O.T. contends the district court erred in ruling that appellee's...
STATE v. IOWA DIST. COURT - 8/19/1987
Section 7 of House File 2472, enacted by the legislature in 1984, in relevant part removed from judicial magistrates jurisdiction over first offense violations of Iowa Code section 321.281 (1983), operating a motor vehicle while...
BRUNS v. HARTFORD ACC. AND INDEM. CO. - 6/17/1987
We first considered the two-vehicle 1981 hit-and-run accident underlying this declaratory judgment action in Roberts v. Bruns, 387 N.W.2d 140 (Iowa 1986). In that personal injury case both Kristine Roberts and her mother sought to...
SEARLS v. IOWA DEPT. OF TRANSP. - 5/13/1987
On November 2, 1984, Jack Searls was arrested for allegedly operating his motor vehicle while intoxicated in violation of Iowa Code section 321.281 (1983). In accordance with chapter 321B, he submitted to chemical testing, the results...
STATE v. WULLNER - 12/23/1986
On July 30, 1984, the appellant, LeeRoy Wullner, was charged by trial information with involuntary manslaughter, leaving the scene of an accident resulting in death, and operating a motor vehicle while under the influence of alcohol....
STATE v. TUITJER - 4/16/1986
The State brought this action pursuant to Iowa Code sections 321.555-.562 (1985) to revoke defendant's driver's license on the ground that he had accumulated three convictions for operating a motor vehicle while intoxicated (OWI)...
STATE v. MARTIN - 3/19/1986
The defendant, Larry D. Martin, has appealed from his conviction of operating a motor vehicle while intoxicated (OWI). Iowa Code § 321.281(1)(a) (1983). He contends the court erred in admitting the results of a blood alcohol test and...
STATE v. HOFFER - 3/19/1986
Following a jury trial, defendant Todd Gilbert Hoffer appeals from his judgment and sentence entered upon a conviction of first-degree murder. Iowa Code §§ 707.1, .2 (1983). The State charged defendant with aiding and abetting the...
STUDER v. IOWA DEPT. OF TRANSP. - 12/18/1985
The Iowa Department of Transportation has appealed in advance of final judgment with our permission from an order of the district court compelling discovery in an action for judicial review of a contested case decision under Iowa Code...
STATE v. CONNER - 8/29/1985
The defendant has challenged the constitutionality of the statute prohibiting operating a motor vehicle while under the influence of alcohol, contending that a portion of the statute creates an improper irrebuttable presumption. We...
STATE v. RILEY - 8/29/1985
Defendant Michael Riley appeals his conviction of OWI in violation of Iowa Code section 321.281 (1983). He contends the trial court erred by overruling his motion to suppress evidence obtained when he was stopped and arrested after...
STATE v. WOLFE - 3/26/1985
Defendant appeals from his conviction for OWI in violation of Iowa Code section 321.281, asserting: (1) that foundation was insufficient to support admission of evidence concerning a breath test; (2) that he was denied effective...
CLARK v. MINCKS - 3/20/1985
Plaintiffs Clark assert three claims growing out of an alleged wrongful death: one against the owner and the estate of the deceased driver of the van which was involved, another against the hosts of a cookout which the deceased driver...
STATE v. BRATTHAUER - 9/19/1984
Defendant Daryl Lloyd Bratthauer appeals his conviction by jury and sentence for operating a motor vehicle while intoxicated (OWI), third offense, in violation of Iowa Code section 321.281(1) (1983). He asks us to hold that the trial...
HACKETT v. STATE - 6/26/1984
The petitioner, Robert Leroy Hackett, appeals from the district court's denial of habeas corpus relief. Hackett asserts that his parole revocation hearing was not held within a reasonable time after his arrest and detention for a...
STATE v. STEADMAN - 6/6/1984
We granted discretionary review of a trial court order suppressing the results of a breath-alcohol test administered to defendant Robert Charles Steadman pursuant to the implied consent procedures in Iowa Code chapter 321B (1981)....
STATE v. HERSHEY - 5/16/1984
This appeal presents two evidentiary issues arising from the prosecution of a charge of operating a motor vehicle while intoxicated (OWI), second offense, in violation of Iowa Code section 321.281 (1981). Defendant Victor Lewis Hershey...
STATE v. PETERSON - 4/11/1984
[347 NW2d Page 400]
The State's appeal in this case presents two issues of statutory construction involving Iowa Code section 321.555 (1983) which defines "habitual offender" and can lead to a judgment of the district court...
CAMPBELL v. VAN ROEKEL - 4/11/1984
This case involves several issues that arose during the trial of a personal injury action by a motor vehicle passenger against the driver and owner resulting from a one-vehicle accident. We affirm on defendants' appeal and dismiss...
STATE v. WILKENS - 3/14/1984
Delbert Eugene Wilkens was tried by jury and convicted of premeditated first degree murder in violation of Iowa Code section 707.2(1) (1981). On appeal he asserts that (1) his trial counsel was ineffective for failing to present...
SECHLER v. STATE - 11/23/1983
[340 NW2d Page 761]
This appeal requires us to determine whether the term "gross negligence" as used in Iowa Code section 306.41 is a higher degree of negligence that is subject to the defense of contributory negligence or a...
STATE v. WRIGHT - 11/23/1983
Defendant Wendy Lee Wright challenges the sentence imposed by the trial court upon her guilty-plea conviction of operating a motor vehicle while having thirteen hundredths or more of one percent by weight of alcohol in the blood...
COMMITTEE ON PROF. ETHICS & CONDUCT v. O'CONNOR - 1/19/1983
This matter is before us for review of the decision of the Grievance Commission of the court recommending disciplinary action against respondent, Larry J. O'Connor. The Committee on Professional Ethics and Conduct filed a complaint...
STATE v. MCFADDEN - 6/16/1982
This case stems from a drag race between defendant Michael Dwayne McFadden and another driver, Matthew Sulgrove, which occurred on a Des Moines city street in April 1980. During the course of the two vehicles' southbound progression,...
DORMAN v. CARROLL COUNTY - 12/30/1981
The respondents appeal from a district court ruling which reversed the agency denial of worker's compensation benefits. We affirm.
This case arose out of an automobile collision which killed two deputy sheriffs of Carroll County,...
STATE v. KNOUS - 12/23/1981
The question here is whether a person arrested on an OMVUI charge has a due process right to be told that if he submits to a chemical test the results can be used against him. The trial court sustained an objection to the admissibility...
STATE v. KERSH - 12/23/1981
In this appeal we pass upon the validity of the seizure of a pistol from defendant James Kersh, in a prosecution for carrying a concealed weapon under section 724.4, The Code 1979.
The principal witness for the State was...
MCCORMACK v. CIVIL SERVICE COM'N - 11/24/1981
Plaintiff-appellant-police officer appeals from a decision by the district court affirming the decision of the civil service commission upholding his discharge. He argues that the commission's decision was not supported by substantial...
STATE v. LAW - 6/17/1981
Defendant Thomas G. Law appeals from his conviction of two counts of first-degree robbery in violation of sections 711.1(2) and .2, The Code 1979. He contends that [306 NW2d Page 758]
the trial court erred in failing to submit...
STATE v. RANSOM - 5/26/1981
Plaintiff, State of Iowa, brings this interlocutory appeal for review of trial court's order suppressing evidence of certain blood test results in a prosecution for involuntary manslaughter arising out of defendant, James John...
STATE v. MUSSO - 5/26/1981
This is an interlocutory appeal by the State to seek review of the trial court's decision sustaining defendant's motion to suppress evidence of his blood tests in a prosecution for involuntary manslaughter. We reverse the ruling on the...
STATE v. ROTH - 5/13/1981
This appeal presents the issue of the constitutionality of inventorying the contents of a motor vehicle which Woodbury County sheriff's personnel impounded.
Deputy Sheriff David Amick testified:
Q. In reference to your...
STATE v. HARLAN - 2/18/1981
The question here is whether a "seizure" implicating the fourth amendment occurred prior to the time a police officer observed indicia of defendant's intoxication that led to his arrest for operating a motor vehicle while under the...
STATE v. CONNER - 5/21/1980
This appeal by the State from trial court's dismissal of an indictment against defendant Jim Conner requires our determination of the element of culpability intended by subsection 707.5(1), Supplement to the Code 1977. That section...
FEENEY v. SCOTT COUNTY - 4/23/1980
In the course of an investigation for the Scott County Civil Service Commission, sheriff's deputy Charles Vollmer found a small index card in the files of the Davenport Police Department, which has become the source of this litigation....
KELLOGG v. STATE - 2/20/1980
In State v. Kellogg, 263 N.W.2d 539, 544 (Iowa 1978), we affirmed this petitioner's conviction of second-degree murder. § 690.3, The Code 1975. For want of an adequate record, however, we reserved for a possible postconviction...
STATE v. SMITH - 12/20/1978
Defendant, Donald Eugene Smith, stands convicted of the offense of operating a motor vehicle while under the influence of alcohol, a violation of § 321.281, The Code. He now appeals from certain evidentiary rulings rendered during his...
SCIESZINSKI v. CITY OF WILTON - 10/18/1978
We must decide here whether the filing of a petition tolls the statute of limitations when the plaintiff seeks and obtains delay in the service of the original notice.
On September 9, 1976, defendant Dwayne Rogers, a peace...
STATE v. ROGERS - 3/16/1977
This case of first impression requires us to examine trial court's powers to impose innovative probationary conditions under § 789A.1(2), The Code, 1975. Defendant was tried and convicted of a § 321.281 offense (driving while under the...
STATE v. PITLIK - 12/15/1976
This appeal involves questions arising under our implied consent statute, ch. 321B, Code 1975.
On August 3, 1975, defendant Douglas Edward Pitlik submitted to a breath test for intoxication, and the results showed a blood alcohol...
STATE v. JANSSEN - 11/17/1976
Defendant appeals his conviction and sentence for operating a motor vehicle under the influence of an alcoholic beverage in violation of § 321.281, The Code. He contends the trial court erred in receiving evidence of a breath test and...
STATE v. OGG - 6/30/1976
This appeal presents two evidentiary questions which arose during defendant's trial for possession of a controlled [243 NW2d Page 621]
substance. We reverse on one; and since we remand for further proceedings, we resolve the...
STATE v. BUHR - 6/30/1976
Defendant Lowell Dean Buhr appeals his convictions and sentences upon his pleas of guilty to robbery with aggravation in violation of § 711.2, The Code, and carrying a concealed weapon in violation of § 695.2, The Code. We reverse the...
STATE v. DROSTE - 8/29/1975
[232 NW2d Page 485]
Defendant, John Joseph Droste, was charged with operating a motor vehicle while under the influence of an alcoholic beverage contrary to section 321.281, The Code. Trial to a jury resulted in his conviction of...
STATE v. PROUTY - 6/26/1974
Defendant, Dallas Leander Prouty, appeals from judgment on jury verdict finding him guilty of operating a motor vehicle while under the influence of an alcoholic beverage. We reverse.
December 4, 1970, at about 12:15 a.m., Iowa...
STATE v. SISSEL - 1/19/1971
Defendant was charged, tried and convicted in Decatur County District Court of the offense of operating a motor vehicle while under the influence of alcoholic beverage contrary to and in violation of Code section 321.281, as amended. ...
STATE v. HAMMER - 10/19/1954
Defendant was convicted under an indictment that charged the crime of operating a motor vehicle upon a public highway while intoxicated, "it being the second offense * * *." The alleged situs was Atlantic, Cass County, Iowa. The...
STATE v. WILLIAMS - 2/9/1954
The indictment charged defendant committed burglary of the dwelling house of Mrs. Eleanor Dill at 294 East 17th Street, in Des Moines, in the nighttime, with intent to commit larceny, and, after having entered such dwelling house,...
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