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South Dakota implied consent law in the crosshairs

Drunk Driving
Drunk Driving
Marilyn Buskohl (Download MP3)

Undated (KELO-AM) The South Dakota State Supreme Court was hearing arguments on the constitutionality of South Dakota's implied consent law for drunken or drugged driving.

Under implied consent, it's understood that if you are stopped by a police officer that you've agreed to a blood test unless you outright refuse. But lawyers for a Butte County woman stopped and tested last August argue she should have first been asked permission.

Marilyn Buskohl with South Dakota AAA says that driving is a privilege not a right. Changing implied consent, she says, would simply place more burdens on police.