Casper v. Iowa Department of Transportation, Motor Vehicle Division

(specially concurring).

While I agree with the majority’s result, I write separately to expound on my interpretation of Iowa Code section 321J.11 (1991) and how it affects the right to an independent chemical test in the context of a prosecution in a criminal trial for operating while intoxicated.

Iowa Code section 321J.11 describes how samples are to be taken for the purpose of determining alcohol concentration or the presence of drugs. Since these samples are used in both criminal prosecutions for operating while intoxicated and in administrative proceedings for license revocations, section…