PIERRE, S.D. (AP) – The South Dakota Supreme Court plans to hear arguments on the constitutionality of the state’s implied consent law for drunken driving enforcement.
The law allows for blood to be drawn from motorists suspected of drunken driving 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 have disagreed whether that ruling renders the state’s law unconstitutional. State Supreme Court justices will now decide after hearing arguments Wednesday morning in Pierre.
The case before the court is State of South Dakota vs. Shauna Fierro.
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