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DWI Class B Lesser of Class A >.15? Login/Join 
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posted
I hate asking questions that seem obvious, but I guess I just need to hear someone agree with me!

If I have a DWI that is plead as a Class A because of a high blood alcohol concentration, but at trial the defense presents evidence that the BAC was actually less than .15, am I entitled to a charge on the Class B as a lesser included?
 
Posts: 77 | Location: Nacogdoches County, Texas | Registered: April 01, 2001Reply With QuoteReport This Post
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Absolutely. They are the same offense save for the additional element that the alcohol concentration was greater than .15. Probably no better example of a lesser included offense.
 
Posts: 63 | Location: Henderson, Texas, United States | Registered: December 02, 2011Reply With QuoteReport This Post
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