Furry v. Iowa Department of Transportation, Motor Vehicle Division

SNELL, Justice.

This appeal by the Iowa Department of Transportation (DOT) arises out of an adverse ruling in a judicial review action. The question here is whether, under Iowa Code section 321J.9 (1989), actual operation of a motor vehicle is a prerequisite to license revocation for chemical test refusal. We conclude that it is and therefore affirm the district court’s ruling reversing the DOT’s license revocation decision.

The facts are essentially uncontested. On or about June 23, 1989, two Dubuque police officers stopped a vehicle whose oc*870cupants fled on foot. One of the occupants,…