Legal Opinion

Lubka v. Iowa Department of Transportation Motor Vehicle Division

Supreme Court of Iowa

Decided September 9, 1999No. 98-214Published

1Opinion of the Court

LARSON, Justice.

Reginald Lubka’s driver’s licensé was revoked by the department of transportation (DOT) for driving with a blood alcohol level above .10. See Iowa Code § 321J.12 (1997). The district court affirmed the revocation on judicial review, and Lubka appealed, claiming investigating officers improperly took a blood specimen from him. We affirm.

I. Facts.

Evidence received in the administrative hearing showed that Lubka was injured in a motorcycle accident on June 7, 1997, and taken to a hospital emergency room. An officer, suspecting Lubka was intoxicated, recruited a deputy sheriff to…

2Cases cited5 opinions

  1. Westendorf v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 1987
  2. Manders v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 1990
  3. Wieslander v. Iowa Department of TransportationSupreme Court of Iowa · 1999
  4. Ramsey v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 1998
  5. Ringland Johnson, Inc. v. Employment Appeal BoardSupreme Court of Iowa · 1998

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