The South Dakota Supreme Court held in an opinion issued on Thursday, August 21, 2014, that South Dakota’s DUI Implied Consent law is unconstitutional based on recent opinion issued by the US Supreme Court. Based upon the South Dakota Supreme Court’s decision, law enforcement may only conduct a blood draw in a suspected drunk driving case when there is actual consent by the driver, a warrant, or exigent circumstances. The exigent circumstances exception is no longer satisfied by the fact that alcohol dissipates over time in a person’s body alone. There has to be something more to justify the blood draw under the exigent circumstances exception. Just what more is needed remains to be determined as new cases generate new facts as to when it’s appropriate for a law enforcement officer to conduct a blood draw without consent or a warrant.
For more information regarding South Dakota law, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.
Let Us Know What You Thought about this Post.
Put your Comment Below.