The rules on implied consent in South Dakota may need a major revision. Those rule are in the agreement you signed when you got your driver’s license, in effect, allowing law enforcement to take a blood sample if you are suspected of driving drunk.

The state Supreme Court has ruled, in two cases that taking a blood sample could violate constitutional rights.

Representative Mike Stevens of Yankton says those rulings could create some big problems…

 

Stevens, who is an attorney, says it will affect how he represents his clients…

 

Stevens, who is vice chair of the House Judiciary Committee, says this could be difficult to address with legislation…

 

Stevens says the law has not been declared unconstitutional yet, but the Supreme Court has indicated they may rule that way in any additional cases.