TDCAA Community
DWI >0.15 Enhancement

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/8717020316

February 13, 2014, 14:57
ekquisenberry
DWI >0.15 Enhancement
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?
February 13, 2014, 16:36
JohnR
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.
February 13, 2014, 17:06
John Greenwood
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.