State v. Vietor

LeGRAND, Justice.

The question presented in this case is whether the defendant judge correctly sustained a motion to suppress evidence of Melvin E. Irvin’s refusal to submit to a chemical test following his arrest on a charge of operating a motor vehicle while under the influence of an alcoholic beverage. We annul the writ.

I. Irvin was arrested by an Iowa Highway Patrolman. He was promptly advised of his constitutional rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). The officer then re quested that Irvin take a blood or other chemical test, submitting for…