South Dakota Supreme Court hears oral arguments on implied conse - KSFY News - Sioux Falls, SD News, Weather, Sports

South Dakota Supreme Court hears oral arguments on implied consent law

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South Dakota's Implied Consent Law allows for blood to be drawn from drunk driving suspects without their consent or a warrant. But Wednesday, that statute was questioned by the Supreme Court.

What the state is arguing is if you drive on South Dakota roads, you are consenting to give a blood test if you are caught for drinking and driving. But the attorney fighting this ruling in South Dakota's highest court says a person doesn't give up their right to consent in exchange for the right to drive.

In a Missouri case last year, the U.S. Supreme Court ruled that police must try to obtain a search warrant from a judge before ordering blood tests for drunk driving suspects.

WhWhat'sn question in South Dakota is whether that ruling deems the Implied Consent Law unconstitutional. South Dakota Assistant Attorney General Jeffrey Hallum says the search is reasonable and the Implied Consent Statute is constitutional.
On the other side,  Ron Parsons is representing Shauna Fierro. She was arrested for being under the influence of alcohol last year. She was told she was required to give a blood test.

"There cannot be a categorical rule stating that someone has waived the right to consent to a search or refuse consent to a search based upon a statute. That has to be based upon actions based upon the evidence based upon the fact," said Parsons.

"The consent is traditional consent because that was knowingly and freely given when 'I got behind the wheel drunk and started operating on the highways and I've been placed on notice of that' because everybody in South Dakota whether I'm a resident or not is obligated to know the law," said Hallum 

Parson says you can't just take a blood test without a warrant or consent.
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