Toby Joseph Welch v. Iowa Department of Transportation, Motor Vehicle Division

MANSFIELD, Justice.

This case presents the question whether a motorist who initially refuses chemical testing for intoxication may change his or her mind, provided the motorist does so within a short and reasonable time and certain other conditions are met. We conclude that a rule treating the motorist’s initial refusal as determinative is supported by our precedents, consistent with the general assembly’s intent, and easier for police and courts to administer. Accordingly, we reject the motorist’s appeal and uphold the revocation of his license.

I. Background Facts and Proceedings.

The…