Wiebenga v. Iowa Department of Transportation, Motor Vehicle Division

TERNUS, Justice.

The question presented here is whether blood test results that are inadmissible in a criminal proceeding may nevertheless be used as a basis to revoke a commercial driver’s license. We think they may and so reverse the district court’s ruling to the contrary.

I. Background Facts and Proceedings.

Steven Wiebenga, appellee, was arrested and charged with operating a motor vehicle while intoxicated (OWI). See Iowa Code § 321J.2 (1993). At the time of his arrest, Wiebenga was operating a commercial motor vehicle and had a valid license to do so.. Wiebenga consented to take a breath…