SD Supreme Court says police must have warrant for DUI blood tests
PIERRE, S.D. (AP) - The South Dakota Supreme Court has ruled that the state's implied consent law for drunken driving enforcement is unconstitutional.
The 2006 law allows for blood to be drawn from suspected drunk drivers even without their permission or a warrant. The blood tests are used to determine the amount of alcohol in a driver's system.
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 disagreed whether that ruling rendered South Dakota's law unconstitutional.
Attorney General Marty Jackley announced the Supreme Court's ruling Thursday. He says the Legislature next year likely will address any concerns arising from the decision.