McCrea v. Iowa Department of Transportation

McGIVERIN, Justice.

This appeal raises two basic questions under our implied consent law, Iowa Code ch. 321B (1981): (1) Whether the burden of proof in an administrative proceeding is on the driver’s licensee to show compliance with the statute, and (2) whether substantial evidence exists to support the agency’s finding of a refusal by the licensee to submit to chemical testing to determine the alcoholic content of his blood. On judicial review the district court placed the burden of proof on respondent Iowa Department of Transportation (DOT) and found that the record as a whole did not…