South Dakota violated my rights!

[MontanaStallion]

I was arrested in South Dakota at a scale house in Sioux Falls for a DUI. I am a CDL holder. I drive tractor trailer. To make it short, I was physically forced to give a blood sample against my will! They strapped me in a chair and all. After that, it them 3 weeks to get the results back. Anyway, I was searching through SD law and found a bill that was passed about manditory chemical testing. This was Senate Bill-1, "SB-1". The bill states in black and white that people that fall in the catagory of .04 and .02 does not apply to this bill that it would be handled as it was in the past. People with a CDL fall in the .04 range. Does anyone know if I can do something to help myself? Was SD in violation of my right to refuse? My public defender is siding with the state.

[xylene]

Your public defender is correct.

You did not have the right to refuse, especially as a CDL holder.

You could have avoided the intrusive strapped down blood draw by cooperating.

[OldandTired]

As the holder of a CDL, you don't have the same rights as the holder of a Class C DL or Class 1, O, or however they designate a regular DL. Find the section in FMCSR book about DUI and chemical testing.

If they hadn't have strapped you in then, they could have just gotten a court-order and got it that way. Were you DUI?

[CdwJava]

The USSC has ruled that forced blood draws may be obtained without a court order in order to obtain evidence since, by its very nature, that evidence is metabolizing and dissipating every minute. So, if you were arrested for DUI or a possible drug related offense, they can compel you to give blood.

- Carl