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When prosecuting a DWI with the BAC > 0.15 enhancement, how is the enhancement handled within the Information and during the reading of the Information at the beginning of trial?

I was under the impression that the enhancement should not be read, saving that issue for punishment, but the trial judge has indicated to me on a number of occasions that it should be read with the rest of the Information at the outset.

How is it supposed to be handle and what is everyone doing in their jurisdictions?
 
Posts: 81 | Registered: December 13, 2013Reply With QuoteReport This Post
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Does it change the degree of the offense? If so, arguably, it should be read and proven at guilt under Calton(?). That said, I know multiple counties treat it as a punishment issue and do it in punishment.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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We do not often use the 0.15, but I believe the language in 49.04(d) "shown on the trial of an offense under this section . . ." requires it to be plead and proved in guilt/innocence.
 
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
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