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High Court Allows Suppression Of Blood Evidence In DUI Case

Associated Press0

PIERRE, S.D. (AP) — The state Supreme Court has affirmed that blood evidence collected from a man who was arrested for driving under the influence should be suppressed because the man didn’t understand his rights.

The high court in an opinion released Thursday shot down the state’s appeal.

A Rapid City officer arrested Eric Medicine for DUI in 2014. The officer read a scripted Rapid City DUI card to Medicine that the court determined to have coercive language.

The opinion affirmed a lower court’s decision that when combined with Medicine’s arrest and lack of knowledge he could refuse to the blood test, the consent was involuntary.

The department didn’t immediately comment.

The court previously reversed the conviction of a panhandler who argued that the Rapid City arresting officer had no reasonable suspicion to frisk him.

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