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DWI Class B Lesser of Class A >.15?

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/7947054016

May 09, 2013, 09:42
Stephanie Stephens
DWI Class B Lesser of Class A >.15?
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?
May 09, 2013, 10:21
ZackWavrusa
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.