Murphy v. Director of Revenue

VICTOR C. HOWARD, Judge.

After a trial de novo, the Circuit Court of Linn County entered a judgment sustaining the Director of Revenue’s (“Director”) revocation of Harold Murphy’s (“Murphy”) driver’s license for excessive blood alcohol content. On appeal from that judgment, Murphy claims that the trial court erred in admitting evidence of toxicology test results based on the blood sample obtained from Murphy by the arresting officer after Murphy refused consent.

As set forth below, we hold that under the plain language of section 577.037, the results of the blood test taken by the arresting…