State v. Kocher, No. 95-348

CourtUnited States State Supreme Court of Iowa
Writing for the CourtLARSON
Citation542 N.W.2d 556
PartiesSTATE of Iowa, Appellee, v. Vicky Lynn KOCHER, Appellant. STATE of Iowa, Appellant, v. James Leo HOEFING, Appellee.
Decision Date17 January 1996
Docket NumberNo. 95-348

Page 556

542 N.W.2d 556
STATE of Iowa, Appellee,
v.
Vicky Lynn KOCHER, Appellant.
STATE of Iowa, Appellant,
v.
James Leo HOEFING, Appellee.
No. 95-348.
Supreme Court of Iowa.
Jan. 17, 1996.

Priscilla E. Forsyth, Milford, for appellant Vicky Lynn Kocher.

Thomas J. Miller, Attorney General, Mary Tabor, Assistant Attorney General, and James J. Koll, Webster County Attorney, Michael L. Zenor, Clay County Attorney, and Michael Houchins, Assistant Clay County Attorney, for State of Iowa.

Robert M. Sherman, Fort Dodge, for appellee James Leo Hoefing.

Considered by HARRIS, P.J., and LARSON, CARTER, SNELL, and ANDREASEN, JJ.

LARSON, Justice.

The narrow issue in these consolidated appeals is whether the double jeopardy provision of the Fifth Amendment to the United States Constitution bars prosecution of a defendant in an OWI case if the defendant's license has previously been suspended through administrative proceedings. 1 We conclude that it does not.

Page 557

Vicky Kocher was arrested on August 13, 1994, and charged with operating while intoxicated. Her blood tested .137 for alcohol. On August 19, 1994, Kocher's license was revoked because her blood alcohol exceeded .100. See Iowa Code § 321J.12 (1993). Based on this revocation, Kocher moved to dismiss her OWI case on double jeopardy grounds. Judge Schaefer denied her motion. She was convicted and appealed.

James Hoefing was arrested on November 14, 1994, and tested .123. His license was revoked on November 19, and he filed a similar motion to dismiss. Judge Breen dismissed the OWI case, and the State appealed. The Kocher and Hoefing cases were consolidated for appeal.

The defendants' argument is that the revocation of their drivers' licenses under Iowa Code section 321J.12 and their later prosecutions for OWI under Iowa Code section 321J.2 are based on the same incidents and are both "punishments" under the Fifth Amendment. Therefore, their prosecutions are barred by the Double Jeopardy Clause (no person shall "be subject for the same offense to be twice put in jeopardy of life or limb....").

The issue of whether a license revocation is "punishment" for these purposes has been, until recently, simply answered by reference to the type of proceeding. We looked to see if the proceedings were civil or criminal. If the proceedings were civil, we held that double jeopardy was not involved. See State v. Funke, 531 N.W.2d 124, 127 (Iowa 1995) (citing State v. Marvin, 307 N.W.2d 10, 12 (Iowa 1987) (discussing earlier cases)).

The defendants rely primarily on three recent Supreme Court cases that they claim changed this rule, although they did not involve license revocations. Those cases are Department of Revenue v. Kurth Ranch, 511 U.S. 767, 114 S.Ct. 1937, 128 L.Ed.2d 767 (1994) (high tax imposed after fine held to be punishment); Austin v. United States, 509 U.S. 602, 113 S.Ct. 2801, 125 L.Ed.2d 488 (1993) (excessive fines clause of Eighth Amendment held to apply to drug-related forfeitures); United States v. Halper, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989) ($130,000 civil sanction imposed after $5000 fine held to be punishment).

In determining whether a license revocation is punitive for double jeopardy purposes, the impact of the State's action on the particular licensee is not controlling. As the Supreme Court has observed, "even remedial sanctions carry the sting of punishment" to the person affected. Halper, 490 U.S. at 447 n. 7, 109 S.Ct. at 1901 n. 7, 104 L.Ed.2d at 501 n. 7.

In Funke, we rejected a double jeopardy claim based on an administrative revocation for habitual traffic offenders under Iowa Code sections 321.555(2) to 321.562 (1993). After considering Kurth Ranch and Halper, we stated:

The determination [of whether the revocation is punitive] turns, not on the nature of the underlying proceeding[, i.e., civil or criminal], but on the purpose...

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15 practice notes
  • State v. Burnell, No. 18139.
    • United States
    • Supreme Court of Connecticut
    • March 24, 2009
    ...Pyron v. State, 330 Ark. 88, 93, 953 S.W.2d 874 (1997); Deutschendorf v. People, 920 P.2d 53, 61 (Colo. 1996); State v. Kocher, 542 N.W.2d 556, 558 (Iowa 1996); State v. Mertz, 258 Kan. 745, 760, 907 P.2d 847 (1995); State v. Hanson, 543 N.W.2d 84, 89-90 (Minn. 1996); Keyes v. State, 708 So......
  • State v. McClendon, No. 63066-6
    • United States
    • United States State Supreme Court of Washington
    • May 1, 1997
    ...Schrefler v. State, 660 N.E.2d 585 (Ind.App.1996) (administrative suspension of driving privileges was not punishment); State v. Kocher, 542 N.W.2d 556 (Iowa 1996) (double Page 872 jeopardy clause does not bar prosecution of defendant in DUI case if defendant's license has previously been s......
  • State v. McMaster, No. 95-1159-CR
    • United States
    • United States State Supreme Court of Wisconsin
    • December 13, 1996
    ...Accord United States v. Imngren, 98 F.3d 811, (4th Cir.1996); State v. Reichenberg, 128 Idaho 452, 915 P.2d 14 (1996); State v. Kocher, 542 N.W.2d 556 (Iowa 1996); State v. Hanson, 543 N.W.2d 84 (Minn.1996); State v. Mayo, 915 S.W.2d 758 (Mo.1996), cert. denied, --- U.S. ----, 117 S.Ct. 61,......
  • Deutschendorf v. People, Nos. 95SC531
    • United States
    • Colorado Supreme Court of Colorado
    • July 1, 1996
    ...State v. Higa, 79 Hawai'i 1, 897 P.2d 928, 936 (1995); State v. Talavera, 127 Idaho 700, 905 P.2d 633, 639 (1995); State v. Kocher, 542 N.W.2d 556, 558 (Iowa 1996); State v. Mertz, 258 Kan. 745, 907 P.2d 847, 857 (1995); State v. Savard, 659 A.2d 1265, 1268 (Me.1995); Luk v. Commonwealth, 4......
  • Request a trial to view additional results
15 cases
  • State v. Burnell, No. 18139.
    • United States
    • Supreme Court of Connecticut
    • March 24, 2009
    ...Pyron v. State, 330 Ark. 88, 93, 953 S.W.2d 874 (1997); Deutschendorf v. People, 920 P.2d 53, 61 (Colo. 1996); State v. Kocher, 542 N.W.2d 556, 558 (Iowa 1996); State v. Mertz, 258 Kan. 745, 760, 907 P.2d 847 (1995); State v. Hanson, 543 N.W.2d 84, 89-90 (Minn. 1996); Keyes v. State, 708 So......
  • State v. McClendon, No. 63066-6
    • United States
    • United States State Supreme Court of Washington
    • May 1, 1997
    ...Schrefler v. State, 660 N.E.2d 585 (Ind.App.1996) (administrative suspension of driving privileges was not punishment); State v. Kocher, 542 N.W.2d 556 (Iowa 1996) (double Page 872 jeopardy clause does not bar prosecution of defendant in DUI case if defendant's license has previously been s......
  • State v. McMaster, No. 95-1159-CR
    • United States
    • United States State Supreme Court of Wisconsin
    • December 13, 1996
    ...Accord United States v. Imngren, 98 F.3d 811, (4th Cir.1996); State v. Reichenberg, 128 Idaho 452, 915 P.2d 14 (1996); State v. Kocher, 542 N.W.2d 556 (Iowa 1996); State v. Hanson, 543 N.W.2d 84 (Minn.1996); State v. Mayo, 915 S.W.2d 758 (Mo.1996), cert. denied, --- U.S. ----, 117 S.Ct. 61,......
  • Deutschendorf v. People, Nos. 95SC531
    • United States
    • Colorado Supreme Court of Colorado
    • July 1, 1996
    ...State v. Higa, 79 Hawai'i 1, 897 P.2d 928, 936 (1995); State v. Talavera, 127 Idaho 700, 905 P.2d 633, 639 (1995); State v. Kocher, 542 N.W.2d 556, 558 (Iowa 1996); State v. Mertz, 258 Kan. 745, 907 P.2d 847, 857 (1995); State v. Savard, 659 A.2d 1265, 1268 (Me.1995); Luk v. Commonwealth, 4......
  • Request a trial to view additional results

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