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     Section 3. That § 32-23-1.3 be amended to read as follows:

     32-23-1.3.   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 0.10 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.

     Section 4. That § 32-12A-44 be amended to read as follows:

     32-12A-44.   No person may drive or be in actual physical control of a commercial motor vehicle while there is between 0.04 and 0.10 0.08 percent or more, by weight of alcohol in that person's blood as shown by chemical analysis of that person's breath, blood, or other body substance. Any violation of this section is a Class 2 misdemeanor. ".

Moved by:    Konold
Second by:    Teupel
Action:    Prevailed by voice vote.