May 09, 2013, 09:42
Stephanie StephensDWI 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
ZackWavrusaAbsolutely. 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.