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Texas DWI With a BAC of 0.15 or Higher
What the higher alcohol threshold changes, and what still needs proof.
In short: A qualifying alcohol analysis of 0.15 or more can make a Texas DWI a Class A misdemeanor under Penal Code 49.04(d). The ordinary Class A range is up to one year in jail, a fine up to $4,000, or both. Other allegations or prior convictions can change the classification or punishment.
Explore this page 11 sections
Is 0.15 the same threshold as 0.08?
No. The 0.08 concentration is one definition of intoxication. The 0.15 provision changes the seriousness of a DWI under section 49.04(d). These numbers answer different legal questions. A first arrest does not automatically mean a Class B charge, and a high result does not automatically establish every element of the case.
What does the prosecution need to establish?
The basic offense concerns intoxication while operating a motor vehicle in a public place. The higher-concentration allegation also concerns the analysis described in section 49.04(d). That subsection refers to the concentration shown when the analysis was performed. Counsel should examine the exact report, specimen and timing rather than replacing the statutory language with a general estimate of how much someone drank.
Which records matter in a high-BAC DWI?
| Record | Question for counsel |
|---|---|
| Charging document | Does it actually allege 0.15 or more, or a different enhancement? |
| Full test report | What specimen, result, units and analysis time are reported? |
| Collection and instrument records | What documentation supports the collection, handling and testing process? |
| Video and timeline | How does the other evidence relate to operation and the alleged intoxication? |
Does a reported 0.15 guarantee a conviction?
No. A reported number is evidence to evaluate. It does not eliminate questions about the stop, operation, specimen handling, testing reliability or admissibility. A lawyer may need the underlying records and qualified interpretation to assess a particular issue. No error, exclusion or dismissal should be assumed merely because testing occurred.
Preserve the original report and any paperwork identifying when the sample was collected. Do not round a result, substitute a portable screening result for a laboratory analysis, or describe a number from memory as an official finding. Tell counsel which document you actually have.
Is $4,000 the total financial exposure?
No. The ordinary Class A fine ceiling is not an all-inclusive price for resolving a DWI. Court costs, other applicable statutory assessments, legal fees, licensing issues and ordered services require separate review. A quoted maximum is also not a prediction of the sentence. Ask for a written explanation of the charge and the categories of expense relevant to your case.
What should I do before the first consultation?
- Save the charge, bond order and test documents.
- Write a private chronology for your attorney and identify uncertain times.
- Keep any separate license-suspension notice; a criminal court date does not replace its deadline.
- Bring prior-case dispositions if a repeat offense is alleged.
For a Dallas-area case, identify the county and court on the paperwork. The statewide threshold is the same, but counsel needs the actual case details to evaluate the next step.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013. Phones are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Is a first DWI at 0.15 a Class A misdemeanor?
A qualifying analysis of 0.15 or more supports the Class A provision in Penal Code 49.04(d). Other circumstances may change the charge or punishment.
Does 0.15 automatically prove the entire DWI case?
No. The State must establish the offense and the applicable allegation; the underlying evidence still matters.
Is the Class A fine the entire cost of a DWI?
No. Other applicable assessments, costs and services must be evaluated separately.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.