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Attorney General Marty Jackley

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United States Supreme Court Issues Decision on DUI Blood Testing


FOR IMMEDIATE RELEASE :   Wednesday, April 17, 2013
CONTACT:  Sara Rabern (605)773-3215   


United States Supreme Court Issues Decision on DUI Blood Testing

PIERRE, S.D  -     Attorney General Marty Jackley advises that a divided United States Supreme Court has issued an opinion in Missouri v. McNeely concluding that in drunk-driving investigations the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant.

The McNeely decision does not address South Dakota’s requirement that any person who operates a vehicle is considered to have given consent to the withdrawal of blood and chemical analysis of the person’s blood or breath to determine the amount of alcohol in the person’s blood. The arresting law enforcement officer may, subsequent to the arrest of an operator in violation of South Dakota’s DUI laws, require the operator to submit to the withdrawal of blood.

The Attorney General’s Office is reviewing the McNeely decision to determine its effect, if any, to South Dakota’s DUI blood draw requirements. Any amendments to the South Dakota DUI structure would ultimately rest with the South Dakota Legislature.

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