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South Dakota implied consent law under constitutional review

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Pierre, SD (KELO-AM) Attorney General Marty Jackley says the State Supreme Court has agreed to determine whether South Dakota's implied consent law for drunking driving is constitutional.

The law allows blood to be drawn from suspected drunken drivers without their consent. But the U-S Supreme Court in April of last year ruled in a Missouri case, that conducting such blood tests may require a warrant.

Judges in South Dakota have disagreed whether the High Court's ruling makes South Dakota's law unconstitutional so now the State Supreme Court will decide. 

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