Ginsberg v. Iowa Department of Transportation, Motor Vehicle Division

The department of transportation appeals from a district court decision overturning the agency’s decision to revoke John D. Ginsberg’s license. We affirm.

When Ginsberg was arrested for operating while intoxicated, the arresting officers requested that he submit to a breath test at the police station. After telephoning his attorney, he said that he wanted to take a blood or urine test.

The officei's asked if he was refusing to take the breath test. Ginsberg said that he was not refusing to take the breath test but that he wanted his blood or urine tested as well. The officers treated this as a…