Furry v. Iowa Department of Transportation, Motor Vehicle Division

I dissent.

It is tempting to approve a procedure for rescinding the consequences of chemical test refusal where an officer’s reasonable belief that a person has been driving while under the influence of an intoxicant later proves to have been mistaken. However, the statutory scheme does not authorize such relief.

The issue in the present case is similar to the one presented in Benning v. Iowa Department of Transportation, 441 N.W.2d 372 (Iowa 1989). In that ease, the person whose license had been revoked under section 321J.9 for refusing to submit to a chemical test had obtained a privately…