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STATE v. GREEN

No. 90-1545.

470 N.W.2d 15 (1991)

STATE of Iowa, Appellant, v. Patricia Grace GREEN, Appellee.

Supreme Court of Iowa.

May 15, 1991.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Acting Sp. Asst. Atty. Gen., Mark Hunacek, Asst. Atty. Gen., and Timothy R. Palmer, Asst. County Atty., for appellant.

Linda Del Gallo, State Appellate Defender, and Brian K. Sissel, Asst. State Appellate Defender, for appellee.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, LAVORATO, and ANDREASEN, JJ.

LAVORATO, Justice.

Under our implied consent law, must a peace officer make a written request for withdrawal of a body specimen when the person to be tested is incapable of consenting to or refusing chemical testing? The district court thought so and suppressed the results of a blood test because the officer did not make such a request. We reverse and remand for further proceedings consistent with this opinion.

Patricia Green was injured in a one-car accident...

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