32-23-1.3. Arrested person to be charged--Requirements for reduction or dismissal.
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/sd/title-32/chapter-32-23/32-23-1-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any person arrested for driving or being in actual physical control of a vehicle while the weight of alcohol in the blood of the arrested person is 0.08 percent or greater, shall be charged with a violation of § 32-23-1 . The charge may be reduced or dismissed only if the prosecuting attorney states the reasons for reduction or dismissal in writing and on the record and files the reasons with the clerk of courts.