Rodriguez v. Fulton

*418STUART, Justice.

Petitioner, who was charged with operating a motor vehicle while under the influence of an alcoholic beverage in violation of section 321.281, The Code, refused to take the breath test requested by a highway patrolman. When his attorney arrived five minutes later and learned of the request and refusal, he demanded a blood test for his client. The patrolman would not make arrangements for a blood test.

The commissioner revoked petitioner’s driving privileges for failure to submit to a breath test under the Implied Consent Law Chapter 321B, The Code. The revocation was upheld in…