State Supreme Court Rules Against Implied Consent For DUI Blood Draws

 

DUIThe South Dakota Supreme Court has ruled the state’s DUI implied consent law is unconstitutional, following a recent ruling by the US Supreme Court.  The state law was changed in 2006, and said anyone who gets a driver’s license has given permission to allow a blood sample on a suspected drunk driving stop.  Representative Mike Stevens of Yankton says the ruling appears to be a balance between public safety and personal rights…

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Stevens, a lawyer, and Vice Chair of the Judiciary Committee, says this could make DUI enforcement more difficult…

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Stevens says he expect his committee, and the legislature to be active in finding a fix…

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This ruling reversed a number of previous Supreme Court opinions that upheld warrantless blood draws.