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McDOWELL v. IOWA DEPT. OF TRANSP., M.V.D.

No. 83-1064.

356 N.W.2d 234 (1984)

Kevin Ray McDOWELL, Plaintiff-Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Defendant-Appellee.

Court of Appeals of Iowa.

September 6, 1984.

Attorney(s) appearing for the Case

Barry S. Kaplan of Fairall, Fairall, Kaplan & Condon, Marshalltown, for plaintiff-appellant.

Thomas J. Miller, Atty. Gen., and Richard Mull, Asst. Atty. Gen., for defendant-appellee.

Considered by OXBERGER, C.J., and DONIELSON and SCHLEGEL, JJ.

DONIELSON, Judge.

Plaintiff appeals from the decision of the district court affirming the Department of Transportation's revocation of his driver's license for refusal to submit to chemical testing as required by the implied consent statute. He claims there was insufficient evidence to support the finding that he refused to submit to a chemical test. We affirm.

On May 3, 1981, Kevin Ray McDowell was arrested for OMVUI. A police officer invoked the implied...

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