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May 02, 2013 10:44 AM

Jackley Tells Agencies To Continue Blood Tests

Sioux Falls, SD

South Dakota Attorney General Marty Jackley is advising law enforcement to continue drawing blood as a part of DUI arrests despite a recent U.S. Supreme Court decision.

A U.S. Supreme Court decision in a Missouri case has raised questions about South Dakota’s law which requires a blood sample from anyone arrested for driving under the influence.

In the Missouri case, the Supreme Court ruled that blood draws cannot be taken without a warrant just because the alcohol level in someone’s system may drop during the time it takes to get a warrant.

However, Jackley says the U.S. Supreme Court never considered South Dakota’s law which says everyone who drives on a highway has already given their consent to having their blood drawn without a warrant.

That is why Jackley is now telling law enforcement across the state to continue with the blood draws and procedures they currently follow during DUI arrests.

“The procedures set forth in [state statute] remain the law of this state and the Attorney General will carry out his statutory obligation to defend it,” Jackley said in a letter to state’s attorneys, police chiefs and sheriffs across South Dakota.

Jackley did offer some alternatives if local law enforcement wants to make any changes to DUI procedures because of the Supreme Court decision. Those options include obtaining consent for a blood draw from the defendant, proving that urgent circumstances surround the arrest, or obtaining a warrant.

Jackley says a majority of South Dakota counties have told him they will follow the current DUI laws already in place.

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