SD Supreme Court hears implied consent argument - KSFY News - Sioux Falls, SD News, Weather, Sports

SD Supreme Court hears implied consent argument

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The South Dakota Attorney General and his staff defended before the state Supreme Court the constitutionality of a 2006 state law that says drivers in the state consent to drug and alcohol testing when they get on the road.
    
Justices listened to arguments Wednesday on the implied consent law for drunken driving enforcement.
    
The law allows for blood to be drawn from motorists suspected of drunken driving without permission or warrant.
    
A defense attorney for Shauna Fierro in the DUI case at hand has argued the law violates the Fourth Amendment which protects against unreasonable searches. The attorney says there's a difference between breath tests and more invasive blood tests.
    
A lower court had ruled to exclude blood test results in the Fierro case and the state appealed the decision.

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