South Dakota Official Studies Court Ruling on DUI Tests
PIERRE – South Dakota Attorney General Marty Jackley says his office is reviewing a U.S. Supreme Court ruling to determine if it will have any effect on the state’s law regarding blood tests for people suspected of drunken driving.
The Supreme Court has ruled that police usually must try to get a search warrant from a judge before ordering blood tests for drunken-driving suspects. The justices say the natural dissipation of alcohol in the blood is generally not sufficient reason to get rid of the requirement that police get a judge’s approval before drawing a blood sample.
Jackley says the Supreme Court decision does not address South Dakota’s requirement that anyone driving a vehicle is considered to have given consent to the withdrawal and analysis of the person’s blood or breath.
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