State v. Vogel

Michael Vogel appeals, arguing that his conviction for operating while intoxicated (OWI), third offense, following the administrative revocation of his driver’s license for refusing to submit to chemical testing violates the Double Jeopardy Clause’s prohibition against multiple punishments. We affirm.

I. Scope of Review.

Because Vogel raises a constitutional claim, this court’s review is de novo. State v. Funke, 531 N.W.2d 124, 126 (Iowa 1995).

II. Factual Background.

Police went to Vogel’s residence in response to a domestic abuse call. There, officers detected the smell of alcoholic beverages…