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49.04(d) BAC > .15
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Brody V. Burks
Member
posted
How are other people dealing with this new post Sept 1 enhancement? Are you alleging it in a separate paragraph like an open container enhancement?
 
Posts: 394 | Location: Waco, Tx | Registered: July 24, 2009Reply With QuoteReport This Post
John A. Stride
Member
posted Hide Post
In the freshly updated and soon to be released Charging Manual, it is treated as a punishment issue. This seemed to reflect the legislative intent best.
 
Posts: 444 | Location: Austin, Texas, USA | Registered: January 06, 2010Reply With QuoteReport This Post
Shannon Edmonds
Administrator
Member
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Clay's article on the subject

There has been some debate about how best to use--and charge--this new tool, but this is our best guess.
 
Posts: 2431 | Location: TDCAA | Registered: March 08, 2002Reply With QuoteReport This Post
Brody V. Burks
Member
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Thanks for the replies, it seemed to reinforce that I was on the right track. What I settled for was adding an enhancement paragraph after the main charge that reads:

quote:
And it is further presented that an analysis of the said defendant’s blood, breath or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was made.
 
Posts: 394 | Location: Waco, Tx | Registered: July 24, 2009Reply With QuoteReport This Post
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