State v. Driscoll

NEUMAN, Justice.

We granted discretionary review to consider the State’s challenge to a suppression order entered in this prosecution for operating a motor vehicle while intoxicated. The trial court suppressed evidence of defendant Timothy Driscoll’s blood-alcohol test on the ground that the police officer who invoked the implied consent procedures was not authorized to do so. We reverse and remand for further proceedings.

I. In September 1988, Brian Sanger was hired by the Preston, Iowa police chief as a part-time law enforcement officer. Sanger is a graduate of the Iowa Law Enforcement…