State of Iowa v. Timothy Alvin Newton

CADY, Chief Justice.

*252In this appeal from a judgment and sentence entered by the district court for operating while intoxicated (OWI), second offense, we consider whether the portion of the statute that makes it unlawful for a person to operate a motor vehicle "[w]hile any amount of a controlled substance is present in the person" violates the Due Process Clause of the United States and Iowa Constitutions. Iowa Code § 321J.2(1)(c ) (2014).

After we transferred the case to the court of appeals, it found the statute was constitutional but reversed the judgment and sentence after finding the…