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.
S.D. Codified Laws § 32-23-1.3
Arrested person to be charged--Requirements for reduction or dismissal
Applied in 1 court decision — leading case In Re the Driver's License Revocation of Malone (1986)
Most recently applied in In Re the Driver's License Revocation of Malone (May 1986)
Source: SL 1983, ch 244, § 1; SL 2002, ch 160, § 3.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.