State High Court Hears Challenge To DUI Protocols

May 28, 2014

South Dakota law requires drivers to consent to having their blood drawn without a search warrant. If they refuse, officers can draw blood by force. In April, the United States Supreme Court ruled in McNeely that officers have to attempt to get a warrant before drawing blood. On Wednesday, the state Supreme Court heard arguments from the Attorney General’s office, contending that drivers waive their Fourth Amendment rights, and a defense attorney who says drivers have the right to withdraw consent.