accuracy test in Iowa

2010In State v. Sehlemme, we found the broad purpose of the procedural requirements of the Act were “to protect the health of the person submitting to the test and to guarantee the accuracy of the test for use in judicial proceedings.” 301 N.W.2d 721, 723 (Iowa 1981).

2010In State v. Schlemme, we found the broad purpose of the procedural requirements of the Act were “to protect the health of the 12 person submitting to the test and to guarantee the accuracy of the test for use in judicial proceedings.” 301 N.W.2d 721, 723 (Iowa 1981).

1994State v. Kelly, 430 N.W.2d 427, 429 (Iowa 1988) (citing State v. Wallin, 195 N.W.2d 95, 97 (Iowa 1972)).

1986Further, we have indicated that the purpose of the procedural requirements in this section “is to protect the health of the person submitting to the test and to guarantee the accuracy of the test for use in judicial proceedings.” Schlemme, 301 N.W.2d at 723 (citing State v. Wallin, 195 N.W.2d 95, 97 (Iowa 1972)).

2004Depending on the facts of the specific case, education or licensure may be the best evidence that the individual "has sufficient training in the withdrawal of blood to accomplish the legislative objectives of protecting the individual’s health, guarding against infection and pain, and assuring the accuracy of the test, all in accordance with accepted medical standards.” Winquist, 247 N.W.2d at 259 . 4 .

1988See, e.g., Schmoldt v. Stokes, 275 N.W.2d [209] at 210 [Iowa 1979] (when original arresting officer did not demand test, subsequent qualified officer who rearrested defendant could request test); State v. Winquist, 247 N.W.2d 256, 259 (Iowa 1976) (“medical technologist” as used in statute dependent upon training as microbiologist and experience in withdrawal of blood and not technical requirement of certification by American Society of Clinical Pathologists); Janson v. Fulton, 162 N.W.2d [438] at 441-42 [Iowa 1968] (language in statute requiring physician, medical technologist, or registered n

2010More specifically, we have indicated “[t]he primary purpose of the request [requirement] is ‘to provide a record of the relevant communication for subsequent review.’ ” State v. McCoy, 603 N.W.2d 629, 630 (Iowa 1999) (quoting Henry v. Iowa Dep’t of Transp., 426 N.W.2d 383, 387 (Iowa 1988)) (holding the procedural requirement of a written request was sufficient, even when an officer asked for a breath sample and inadvertently checked the box next to blood sample on the form, and the record clearly shows the driver understood the real sample being requested was breath); see also Meissner, 315 N.

2010More specifically, we have indicated “[t]he primary purpose of the request [requirement] is ‘to provide a record of the relevant communication for subsequent review.’ ” State v. McCoy, 603 N.W.2d 629, 630 (Iowa 1999) (quoting Henry v. Iowa Dep’t of Transp., 426 N.W.2d 383, 387 (Iowa 1988)) (holding the procedural requirement of a written request was sufficient, even when an officer asked for a breath sample and inadvertently checked the box next to blood sample on the form, and the record clearly shows the driver understood the real sample being requested was breath); see also Meissner, 315 N.

2010More specifically, we have indicated “[t]he primary purpose of the request [requirement] is ‘to provide a record of the relevant communication for subsequent review.’ ” State v. McCoy, 603 N.W.2d 629, 630 (Iowa 1999) (quoting Henry v. Iowa Dep’t of Transp., 426 N.W.2d 383, 387 (Iowa 1988)) (holding the procedural requirement of a written request was sufficient, even when an officer asked for a breath sample and inadvertently checked the box next to blood sample on the form, and the record clearly shows the driver understood the real sample being requested was breath); see also Meissner, 315 N.

2010More specifically, we have indicated “[t]he primary purpose of the request [requirement] is ‘to provide a record of the relevant communication for subsequent review.’ ” State v. McCoy, 603 N.W.2d 629, 630 (Iowa 1999) (quoting Henry v. Iowa Dep’t of Transp., 426 N.W.2d 383, 387 (Iowa 1988)) (holding the procedural requirement of a written request was sufficient, even when an officer asked for a breath sample and inadvertently checked the box next to blood sample on the form, and the record clearly shows the driver understood the real sample being requested was breath); see also Meissner, 315 N.

2010More specifically, we have indicated “[t]he primary purpose of the request [requirement] is ‘to provide a record of the relevant communication for subsequent review.’ ” State v. McCoy, 603 N.W.2d 629, 630 (Iowa 1999) (quoting Henry v. Iowa Dep’t of Transp., 426 N.W.2d 383, 387 (Iowa 1988)) (holding the procedural requirement of a written request was sufficient, even when an officer asked for a breath sample and inadvertently checked the box next to blood sample on the form, and the record clearly shows the driver understood the real sample being requested was breath); see also Meissner, 315 N.

2010More specifically, we have indicated “[t]he primary purpose of the request [requirement] is ‘to provide a record of the relevant communication for subsequent review.’ ” State v. McCoy, 603 N.W.2d 629, 630 (Iowa 1999) (quoting Henry v. Iowa Dep’t of Transp., 426 N.W.2d 383, 387 (Iowa 1988)) (holding the procedural requirement of a written request was sufficient, even when an officer asked for a breath sample and inadvertently checked the box next to blood sample on the form, and the record clearly shows the driver understood the real sample being requested was breath); see also Meissner, 315 N.

1988See, e.g., State v. DeBerg, 288 N.W.2d 348, 350 (Iowa 1980) (State failed to prove syringes and needles were originally factory wrapped and disposable); State v. Smith, 272 N.W.2d 859, 860-62 (Iowa 1978) (urine placed in blood test bottle containing anticoagulant with no testimony as to effect of this mixture); State v. Richards, 229 N.W.2d 229, 233 (Iowa 1975) (peace officer failed to make timely written request of defendant to submit to blood test); State v. Wallin, 195 N.W.2d at 98 (peace officer failed to make written request directing physician to withdraw blood, and syringe and needles d

1988See, e.g., State v. DeBerg, 288 N.W.2d 348, 350 (Iowa 1980) (State failed to prove syringes and needles were originally factory wrapped and disposable); State v. Smith, 272 N.W.2d 859, 860-62 (Iowa 1978) (urine placed in blood test bottle containing anticoagulant with no testimony as to effect of this mixture); State v. Richards, 229 N.W.2d 229, 233 (Iowa 1975) (peace officer failed to make timely written request of defendant to submit to blood test); State v. Wallin, 195 N.W.2d at 98 (peace officer failed to make written request directing physician to withdraw blood, and syringe and needles d

1988See, e.g., State v. DeBerg, 288 N.W.2d 348, 350 (Iowa 1980) (State failed to prove syringes and needles were originally factory wrapped and disposable); State v. Smith, 272 N.W.2d 859, 860-62 (Iowa 1978) (urine placed in blood test bottle containing anticoagulant with no testimony as to effect of this mixture); State v. Richards, 229 N.W.2d 229, 233 (Iowa 1975) (peace officer failed to make timely written request of defendant to submit to blood test); State v. Wallin, 195 N.W.2d at 98 (peace officer failed to make written request directing physician to withdraw blood, and syringe and needles d

1988See, e.g., State v. DeBerg, 288 N.W.2d 348, 350 (Iowa 1980) (State failed to prove syringes and needles were originally factory wrapped and disposable); State v. Smith, 272 N.W.2d 859, 860-62 (Iowa 1978) (urine placed in blood test bottle containing anticoagulant with no testimony as to effect of this mixture); State v. Richards, 229 N.W.2d 229, 233 (Iowa 1975) (peace officer failed to make timely written request of defendant to submit to blood test); State v. Wallin, 195 N.W.2d at 98 (peace officer failed to make written request directing physician to withdraw blood, and syringe and needles d

1988See, e.g., State v. DeBerg, 288 N.W.2d 348, 350 (Iowa 1980) (State failed to prove syringes and needles were originally factory wrapped and disposable); State v. Smith, 272 N.W.2d 859, 860-62 (Iowa 1978) (urine placed in blood test bottle containing anticoagulant with no testimony as to effect of this mixture); State v. Richards, 229 N.W.2d 229, 233 (Iowa 1975) (peace officer failed to make timely written request of defendant to submit to blood test); State v. Wallin, 195 N.W.2d at 98 (peace officer failed to make written request directing physician to withdraw blood, and syringe and needles d

1988See, e.g., State v. DeBerg, 288 N.W.2d 348, 350 (Iowa 1980) (State failed to prove syringes and needles were originally factory wrapped and disposable); State v. Smith, 272 N.W.2d 859, 860-62 (Iowa 1978) (urine placed in blood test bottle containing anticoagulant with no testimony as to effect of this mixture); State v. Richards, 229 N.W.2d 229, 233 (Iowa 1975) (peace officer failed to make timely written request of defendant to submit to blood test); State v. Wallin, 195 N.W.2d at 98 (peace officer failed to make written request directing physician to withdraw blood, and syringe and needles d

1988See, e.g., Schmoldt v. Stokes, 275 N.W.2d [209] at 210 [Iowa 1979] (when original arresting officer did not demand test, subsequent qualified officer who rearrested defendant could request test); State v. Winquist, 247 N.W.2d 256, 259 (Iowa 1976) (“medical technologist” as used in statute dependent upon training as microbiologist and experience in withdrawal of blood and not technical requirement of certification by American Society of Clinical Pathologists); Janson v. Fulton, 162 N.W.2d [438] at 441-42 [Iowa 1968] (language in statute requiring physician, medical technologist, or registered n

1988See, e.g., Schmoldt v. Stokes, 275 N.W.2d [209] at 210 [Iowa 1979] (when original arresting officer did not demand test, subsequent qualified officer who rearrested defendant could request test); State v. Winquist, 247 N.W.2d 256, 259 (Iowa 1976) (“medical technologist” as used in statute dependent upon training as microbiologist and experience in withdrawal of blood and not technical requirement of certification by American Society of Clinical Pathologists); Janson v. Fulton, 162 N.W.2d [438] at 441-42 [Iowa 1968] (language in statute requiring physician, medical technologist, or registered n

1988See, e.g., State v. DeBerg, 288 N.W.2d 348, 350 (Iowa 1980) (State failed to prove syringes and needles were originally factory wrapped and disposable); State v. Smith, 272 N.W.2d 859, 860-62 (Iowa 1978) (urine placed in blood test bottle containing anticoagulant with no testimony as to effect of this mixture); State v. Richards, 229 N.W.2d 229, 233 (Iowa 1975) (peace officer failed to make timely written request of defendant to submit to blood test); State v. Wallin, 195 N.W.2d at 98 (peace officer failed to make written request directing physician to withdraw blood, and syringe and needles d

1988See, e.g., State v. DeBerg, 288 N.W.2d 348, 350 (Iowa 1980) (State failed to prove syringes and needles were originally factory wrapped and disposable); State v. Smith, 272 N.W.2d 859, 860-62 (Iowa 1978) (urine placed in blood test bottle containing anticoagulant with no testimony as to effect of this mixture); State v. Richards, 229 N.W.2d 229, 233 (Iowa 1975) (peace officer failed to make timely written request of defendant to submit to blood test); State v. Wallin, 195 N.W.2d at 98 (peace officer failed to make written request directing physician to withdraw blood, and syringe and needles d

2000See Gordon v. Iowa Dep’t of Transp., 389 N.W.2d 390, 391-92 (Iowa 1986) (upholding license revocation when licensee failed to present persuasive evidence that the testing machine was malfunctioning to support his challenge to the accuracy of the test results); Anson v. Iowa Dep’t of Transp., 477 N.W.2d 695, 697 (Iowa App.1991) (“To successfully challenge intoxilyzer test results, a driver must do more than merely speculate something might have occurred to invalidate those results.... [I]t is neither unreasonable nor unfair to expect [the licensee], who has the burden of proof, to present some

2000See Gordon v. Iowa Dep’t of Transp., 389 N.W.2d 390, 391-92 (Iowa 1986) (upholding license revocation when licensee failed to present persuasive evidence that the testing machine was malfunctioning to support his challenge to the accuracy of the test results); Anson v. Iowa Dep’t of Transp., 477 N.W.2d 695, 697 (Iowa App.1991) (“To successfully challenge intoxilyzer test results, a driver must do more than merely speculate something might have occurred to invalidate those results.... [I]t is neither unreasonable nor unfair to expect [the licensee], who has the burden of proof, to present some

1996State v. Satern, 516 N.W.2d 839, 841 (Iowa 1994); Hopkins, 465 N.W.2d at 896 ; State v. Schlemme, 301 N.W.2d 721, 723 (Iowa 1981).

1994State v. Kelly, 430 N.W.2d 427, 429 (Iowa 1988) (citing State v. Wallin, 195 N.W.2d 95, 97 (Iowa 1972)).

1994State v. Kelly, 430 N.W.2d 427, 429 (Iowa 1988) (citing State v. Wallin, 195 N.W.2d 95, 97 (Iowa 1972)).

1988It is common knowledge “the human body dissipates alcohol rapidly.” State v. Vietor, 261 N.W.2d 828, 831 (Iowa 1978) (quoting People v. Gursey, 22 N.Y.2d 224 , 292 N.Y.S.2d 416, 417 , 239 N.E.2d 351, 352 (1968)).

1988It is common knowledge “the human body dissipates alcohol rapidly.” State v. Vietor, 261 N.W.2d 828, 831 (Iowa 1978) (quoting People v. Gursey, 22 N.Y.2d 224 , 292 N.Y.S.2d 416, 417 , 239 N.E.2d 351, 352 (1968)).

1988It is common knowledge “the human body dissipates alcohol rapidly.” State v. Vietor, 261 N.W.2d 828, 831 (Iowa 1978) (quoting People v. Gursey, 22 N.Y.2d 224 , 292 N.Y.S.2d 416, 417 , 239 N.E.2d 351, 352 (1968)).

1988It is common knowledge "the human body dissipates alcohol rapidly." State v. Vietor, 261 N.W.2d 828, 831 (Iowa 1978) (quoting People v. Gursey, 22 N.Y.2d 224 , 292 N.Y.