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SD Supreme Court To Decide On DUI Testing Law

January 14, 2014, 10:08 AM

SD Supreme Court To Decide On DUI Testing Law

The South Dakota Supreme Court will decide whether officers need a warrant before drawing blood during a DUI arrest.

The question was raised in April, when the U.S. Supreme Court ruled that Missouri's law on drawing blood is unconstitutional.

Ever since the decision, Attorney General Marty Jackley has stood behind South Dakota's current law allowing blood tests without a warrant.  Some local police departments have changed policies as a precaution.

Jackley recently petitioned for an immediate appeal. The South Dakota Supreme Court accepted that request and will now look into the issue and make a decision.

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