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South Dakota Implied Consent Law to be Scrutinized

FILE: Drunk Driving
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PIERRE, S.D. (AP) — Attorney General Marty Jackley says the South Dakota Supreme Court has accepted his request to determine the constitutionality of the state’s implied consent law for drunken driving enforcement.

The law allows for blood to be drawn from motorists suspected of drunken driving without their permission or a warrant. The blood tests are used to determine the amount of alcohol in a driver’s system.

As reported by the Argus Leader:

“The Attorney General’s Office petitioned the South Dakota Supreme Court to address this important constitutional and public safety issue, and to ensure that our criminal laws are applied consistently throughout South Dakota,” Jackley said in a prepared statement.

The U.S. Supreme Court ruled last year in a Missouri case that police must try to obtain a search warrant from a judge before ordering blood tests for drunken driving suspects.

Judges in South Dakota have disagreed whether that ruling renders South Dakota’s law unconstitutional. State Supreme Court justices will now decide.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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