Legal Opinion

Barker v. Iowa Department of Transportation, Motor Vehicle Department

Supreme Court of Iowa

Decided November 23, 1988No. 87-1698PublishedCited by 5 opinions

1Opinion of the Court

HARRIS, Justice.

The district court reversed an administrative driver’s license revocation order, declaring invalid the department’s regulation upon which it was based. Although we do so by way of a different analysis, we agree with the conclusion of the district court and affirm.

When arrested for operating while intoxicated, Barker submitted to a breath test on an Intoxilyzer 4011A. The test indicated a blood alcohol content of .108%. The margin of error in the test was crucial because *349an operator’s license can be revoked for persons who operate a motor vehicle at a time when their alcohol…

2Cases cited2 opinions

  1. Teleconnect Co. v. Iowa State Commerce CommissionSupreme Court of Iowa · 1987
  2. Iowa-Illinois Gas & Electric Co. v. Iowa State Commerce CommissionSupreme Court of Iowa · 1983

3Cited by5 opinions

  1. Wiebenga v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 1995
  2. Meyer v. Employment Appeal BoardSupreme Court of Iowa · 1989
  3. Scott v. Iowa Department of TransportationSupreme Court of Iowa · 2000
  4. Iowa Electric Light & Power Co. v. Utilities Board, Utilities Division, Department of Commerce, State of IowaSupreme Court of Iowa · 1989
  5. Barker v. DEPT. OF TRANSP., MVDSupreme Court of Iowa · 1988

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