refusal to take test in Iowa

5 Iowa opinions name it 2 courts 1973–2019 0 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

Case	Followed	Cited
State v. Hallgreen iowa · 1973 · cited in 1 Iowa opinions naming this issue, 2019–2019 1 sentence 2019It would be an “anomalous [rule] indeed which . . . permit[s] introduction of evidence of a refusal to take a test when the test itself cannot be shown.” State v. Hall, 203 N.W.2d 375, 376 (Iowa 1973).	1	1
State v. Panichellogreen orctapp · 1984 · cited in 1 Iowa opinions naming this issue, 1987–1987 2 sentences 1987See State v. Green, 68 Or.App. 518 , 684 P.2d 575, 577 (1984) (holding that evidence of defendant’s refusal to perform sobriety tests compels defendant to testify against himself), overruled on other grounds in State v. Panichello, 71 Or.App. 519 , 692 P.2d 720, 723 (Or.App.1984). 1987See State v. Green, 68 Or.App. 518 , 684 P.2d 575, 577 (1984) (holding that evidence of defendant’s refusal to perform sobriety tests compels defendant to testify against himself), overruled on other grounds in State v. Panichello, 71 Or.App. 519 , 692 P.2d 720, 723 (Or.App.1984).	1	1
State v. Greengreen orctapp · 1984 · cited in 1 Iowa opinions naming this issue, 1987–1987 2 sentences 1987See State v. Green, 68 Or.App. 518 , 684 P.2d 575, 577 (1984) (holding that evidence of defendant’s refusal to perform sobriety tests compels defendant to testify against himself), overruled on other grounds in State v. Panichello, 71 Or.App. 519 , 692 P.2d 720, 723 (Or.App.1984). 1987See State v. Green, 68 Or.App. 518 , 684 P.2d 575, 577 (1984) (holding that evidence of defendant’s refusal to perform sobriety tests compels defendant to testify against himself), overruled on other grounds in State v. Panichello, 71 Or.App. 519 , 692 P.2d 720, 723 (Or.App.1984).	1	1
Rust v. Department of Motor Vehiclesgreen calctapp · 1968 · cited in 1 Iowa opinions naming this issue, 1973–1973 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
Mary v. Iowa Department of Transportation green iowa · 1986 1 sentence 1988Id. at 133 .	1	1988–1988
Morgan v. Iowa Department of Public Safety green iowa · 1975 1 sentence 1975Morgan v. Iowa Department of Public Safety, 227 N.W.2d 155 (Iowa 1975), and citations.	1	1975–1975
Hunter v. State green ohmunictgirard · 1970 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
State v. Dellveneri green vt · 1969 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
Stratikos v. Department of Motor Vehicles green orctapp · 1970 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
Morris Motor Vehicle Operator License Case green pasuperct · 1971 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
Mills v. Bridges green idaho · 1970 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
Kosok v. YOUNG MEN'S CHRISTIAN ASS'N OF GREATER NEW YORK green ny · 1967 1 sentence 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
Deaner v. Commonwealth green va · 1969 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
Stratikos v. Department of Motor Vehicles neutral orctapp · 1971 1 sentence 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
Rusho v. Johns green neb · 1970 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
State v. Pandoli green njsuperctappdiv · 1970 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
Story v. Hults green ny · 1967 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973
State v. Palmer green minn · 1971 2 sentences 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * * .”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228 1973See Rust v. Department of Motor Vehicles, Div. of Driver’s Lic., 267 Cal.App.2d 545 , 73 Cal.Rptr. 366, 367 (1968) (“A suspected drunk driver has refused to take the blood alcohol test when he conditioned his consent on having counsel present; he is not entitled to the advice of counsel in connection with the test * *.”); Mills v. Bridges, 93 Idaho 679 , 471 P.2d 66 (1970); State v. Palmer, 291 Minn. 302 , 191 N.W.2d 188 (1971); Rusho v. Johns, 186 Neb. 131 , 181 N.W.2d 448 (1970); State v. Pandoli, 109 N.J.Super. 1 , 262 A.2d 41 (1970); Story v. Hults, 19 N.Y.2d 936 , 281 N.Y.S.2d 342 , 228	1	1973–1973

Statutes the citing opinions construe

IA § Iowa Code § 321.281 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 47 (1974–2025) CA 22 (1968–2023) IL 20 (1974–2010) TX 17 (1977–2011) OH 14 (1967–2008) WA 13 (1975–2016) VT 12 (1993–2018) NY 12 (1984–2024) KS 12 (1962–2022) GA 11 (1983–2020) MO 10 (1973–2011) MD 10 (1983–2022) NM 9 (1993–2022) ND 8 (1994–2025) NJ 8 (1970–2019) CT 7 (1961–2018) OR 7 (1978–2022) CO 6 (1979–2024) WV 6 (1978–2014) IN 6 (1977–2015) UT 5 (1979–2020) WI 5 (1979–2020) AZ 5 (1983–2002) FL 5 (1986–2003) IA 5 (1973–2019) OK 5 (1989–2025) NE 4 (1970–1987) MN 4 (1958–2006) VA 4 (1991–2024) MA 4 (1983–2013) SD 4 (1978–2022) NH 3 (1986–1997) MT 3 (1985–2017) LA 3 (1974–1987) TN 2 (1996–1998) HI 2 (2007–2014) NV 2 (1989–1991) NC 2 (1987–2019) ID 2 (1969–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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