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South Dakota implied consent law to be scrutinized

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news Mitchell, 57301
Mitchell South Dakota 120 South Lawler 57301

PIERRE (AP) — Attorney General Marty Jackley says the South Dakota Supreme Court has accepted his request to determine the constitutionality of the state's implied consent law for drunken driving enforcement.

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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 South Dakota's law unconstitutional. State Supreme Court justices will now decide.

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