Downing v. Iowa Dept. of Transp.

• Decision Date: 25 November 1987
• Docket Number: No. 86-1539,86-1539
• Parties: Clifford Leroy DOWNING, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant.
• Court: Iowa Supreme Court

Page 625

415 N.W.2d 625

Clifford Leroy DOWNING, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant.

No. 86-1539.

Supreme Court of Iowa.

Nov. 25, 1987.

Thomas J. Miller, Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for appellant.

Dennis D. Jasper of Stafne, Lewis & Jasper, Bettendorf, for appellee.

Considered by HARRIS, P.J., and LARSON, SCHULTZ, LAVORATO, and NEUMAN, JJ.

LAVORATO, Justice.

In this judicial review proceeding we must decide whether the district court erred in rescinding the revocation of Clifford Leroy Downing's license to drive. The Iowa Department of Transportation (DOT) found that Downing had refused to take a urine test requested by a police officer who suspected him of operating a motor vehicle while under the influence of alcohol (OWI). See Iowa Code § 321B.4 (1985). ¹ After a summary revocation by the police officer and an administrative hearing, the DOT revoked Downing's license for 240 days under Iowa Code section 321B.13. ² The revocation was upheld on administrative appeal.

The district court, however, rescinded the revocation because the police officer, at the time of the summary revocation, had failed to give Downing the temporary license to which he was entitled under section 321B.13. Although the court found substantial evidence of Downing's refusal, it ordered rescission of the revocation because it found the officer's mistake had violated Downing's due process rights under a mandatory provision of the statute.

The DOT now argues its decision, supported by substantial evidence, should be upheld. It contends that because Downing cannot show that the outcome of the revocation proceedings was prejudiced by violation of the merely directory temporary license provision, the district court had no ground for rescinding the revocation.

Contrary to Downing's assertion on appeal, we agree with the district court that substantial evidence shows Downing refused the urine test. But because we do not agree the officer's failure to issue a temporary license violated a mandatory provision of the relevant statute, and because Downing showed no prejudice due to this failure, we reverse and uphold the revocation decision of the DOT.

The DOT's findings of fact show Downing was injured in an automobile accident late in the night on August 17, 1984, and was then taken to a hospital. There, at about 1 a.m. on August 18, a police officer who was investigating the accident interviewed Downing. While Downing was describing his injuries, the officer smelled a strong odor of alcohol on Downing's breath and noticed his speech was slurred. Downing admitted he had been drinking and had been driving alone.

After Downing failed field sobriety tests, the officer arrested him for OWI. Because the officer had reasonable grounds to believe Downing had been operating a motor vehicle while under the influence of alcohol, he read Downing the implied consent advisory and requested a blood test. See Iowa Code § 321B.4(1). Downing refused to take the blood test, which he could do without fear of revocation, and signed an implied consent form attesting to his refusal. See id. at § 321B.4(2). The officer immediately requested a urine test, see id., which Downing also refused. Downing claims that because of his injuries he does not remember refusing the urine test or signing the implied consent form attesting to this second refusal. Nevertheless, the officer notified Downing that his license was being revoked for 240 days. See id. at § 321B.13. The officer, however, failed to issue Downing the temporary license for which section 321B.13 provides upon summary revocation.

Downing contacted the DOT about a temporary license and received one on August 24. Downing drove neither during the six days between the summary revocation and receipt of the temporary license, nor, because of legal uncertainties about his driving privileges, during the following seven days. Downing testified he had experienced difficulties with his employment and domestic duties during the thirteen days he did not drive. The DOT, in its decision, gave Downing thirteen days of credit toward his revocation period.

I. Scope of Review.

Our review of the DOT revocation decision is governed by the Iowa Administrative Procedure Act (IAPA). Taylor v. Department of Transp., 260 N.W.2d 521, 522 (Iowa 1977); Iowa Code §§ 321B.27, 17A.20.

"When, under the IAPA, this court reviews a district court decision on the validity of an agency action, we ask only whether the district court has correctly applied the law." If, after applying the standards of Iowa Code section 17A.19(8) to the agency action, our conclusion is the same as that of the district court, we must affirm.

Richards v. Iowa Dep't of Revenue, 414 N.W.2d 344, 350 (Iowa 1987) (citations omitted); accord Norland v. Iowa Dep't of Job Serv., 412 N.W.2d 904, 908 (Iowa 1987); Jackson County Pub. Hosp. v. PERB, 280 N.W.2d 426, 429-30 (Iowa 1979). If, however, we disagree with the district court's conclusion, reversal may be required. Jackson County Pub. Hosp., 280 N.W.2d at 430.

II. Substantial Evidence of Refusal.

On appeal, Downing questions whether substantial evidence supports the DOT's finding that he legally refused the urine test. Downing asserts that because of his injuries he was unable to make an "informed" decision on whether to take the urine test and, therefore, should not be held legally accountable for his refusal.

Under the substantial evidence rule of Iowa Code section 17A.19(8)(f), "we determine if there is substantial evidence in the record as a whole to support the decision of the agency." McCrea v. Iowa Dep't of Transp., 336 N.W.2d 427, 429 (Iowa 1983). If so, we affirm the agency's decision. See Iowa Code § 17A.19(8).

Compliance with the statutory provision for chemical intoxication testing, section 321B.4, is a question of fact on which the licensee has the burden of proof. See McCrea, 336 N.W.2d at 429-30. The fact finder here, the DOT, was entitled to presume Downing made an "informed" decision not to comply. See State v. Knous, 313 N.W.2d 510, 512 (Iowa 1981). When this presumption is challenged, the DOT can find that a legal refusal to comply exists if the "totality of the circumstances" shows the decision was voluntary; a "knowing and intelligent" decision is not necessary. See id. "In general, we give [such] agency fact-findings deference because of the presumably greater expertise an agency has over matters within its purview." Richards, 414 N.W.2d at 350; accord Norland, 412 N.W.2d at 908.

In Downing's case, we need not give the DOT much deference to find substantial evidence that supports its finding regarding Downing's urine test refusal. To begin, Downing spoke coherently to the arresting officer at the time the urine test was requested and signed the implied consent form twice, to indicate his refusals of both blood and urine tests. Further, Downing testified that "I refused the test 'cause I had about six [beers] ... that evening." Downing's words, acts, and overall conduct, viewed objectively, clearly manifest a voluntary unwillingness to submit to the urine test, unaffected by his injuries. Such behavior indicates he did not legally comply with the statute. See McCrea, 336 N.W.2d at 430. The district court was correct in finding that substantial evidence supports the DOT's determination on this issue.

III. Failure to Issue Temporary License as Ground for Rescinding Revocation.

Next, we must decide whether the district court erred by rescinding the revocation. The court based this decision on the arresting officer's failure to perform the supposedly mandatory duty of issuing a temporary license at the time of summary revocation. The court said this duty is "essential to the due process procedure established by the legislature." Because we find error in the district court's decision, we reverse.

A. Whether issuance requirement is mandatory or directory. The first issue facing us is whether the statutory provision concerning the temporary license is mandatory or directory. Iowa Code section 321B.13 states that the revoking officer "shall ... issue a temporary license." (Emphasis added.) To decide whether this statutory provision is mandatory or directory, we look to the purpose the legislature intended it to serve. Taylor, 260 N.W.2d at 522. If the duty imposed by the provision is essential to the main objective of the whole statute, the provision is mandatory, and failure to perform the duty will invalidate subsequent proceedings under the statute. Id. at 522-23. But when the duty is not essential to the main statutory objective, the provision is directory, and failure to perform the duty under it will not affect the validity of subsequent proceedings unless prejudice is shown. Id. at 523.

The DOT argues the duty to issue a temporary license under section 321B.13 is merely directory because it is not essential to the main purpose of chapter 321B, which is "to promote public safety by removing dangerous drivers from the highways," Taylor, 260 N.W.2d at 523. Downing, however, contends the duty is mandatory because it is essential to the due process scheme the legislature set up to assure that licenses are not revoked without a fair hearing.

Our cases, in addition to Taylor, support the DOT's contention that the main purpose of chapter 321B is to remove dangerous, intoxicated drivers from the public highways. See Knous, 313 N.W.2d at 511 (The "statute 'was enacted to help reduce the appalling number of highway deaths resulting in part ... from intoxicated drivers.' "); State v. Wallin, 195 N.W.2d 95, 96 (Iowa 1972); Severson v. Sueppel, 260 Iowa 1169, 1174, 152 N.W.2d 281, 284 (1967). Moreover, the legislature's "declaration of policy" in section 321B.1 makes it clear that such a purpose was intended for the statute: "this chapter is necessary to aid the enforcement of laws prohibiting operation of a motor vehicle while under the influence...