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Appeal To SD Supreme Court Could Change DUI Arrests

March 25, 2014, 7:43 AM by Brittany Larson

Appeal To SD Supreme Court Could Change DUI Arrests

An appeal to the South Dakota Supreme Court could change South Dakota DUI arrests.

A law will be examined by the justices of the South Dakota Supreme Court later Tuesday.

South Dakota booking officers draw blood from a driver during every drunk driving arrest. This is used as evidence to determine the driver's blood alcohol content when he or she is behind the wheel.

A South Dakota man is arguing his constitutional rights were violated when he was arrested in 2008 because of a U.S. Supreme Court decision last year.

In a case known as Missouri vs. McNeely, the U.S. Supreme Court said officers can't do that and instead they must get the suspect's consent or a warrant.

Donovan Siers refused to give law enforcement his blood, but they took it anyway. Siers' attorney Mark Kadi says he thinks a warrant should have been issued.

Kadi says the appeal could possibly affect nearly 400 cases in South Dakota.

But South Dakota Attorney General Marty Jackley says the state's current practice is constitutional.

You can watch this case and others LIVE from the courtroom by visiting our Live Coverage Page.

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