What Is a DWI with a BAC >0.15?

“This is my first DWI arrest, so why am I being charged with a Class A misdemeanor?!”

Usually, your first DWI is a Class B misdemeanor, but if your blood alcohol is tested and it comes out above 0.15, then the case is increased to a Class A misdemeanor. Texas law treats this as a more serious criminal offense, often with enhanced penalties, steeper fines, license suspension, and possible jail time.

Texas DWI Laws

Under the Texas Penal Code §49.04, a person commits Driving While Intoxicated (DWI) if they operate a motor vehicle in a public place while:

• Not having the normal use of mental or physical faculties due to alcohol or drugs, or
• Having a blood alcohol concentration (BAC) of 0.08 or more.

But if your alcohol concentration level is 0.15 or higher, whether it’s your first time DWI offense or a subsequent offense, no longer matters as your charge becomes a Class A misdemeanor. This means enhanced offenses and far more severe criminal and administrative penalties.

Enhanced Penalties That Come with a BAC of 0.15

Texas considers a BAC of 0.15 or higher to correspond with a higher level of intoxication, which increases the risk of bodily injury, serious bodily injury, or even intoxication manslaughter.

If you are charged with a DWI above 0.15, the main thing to know is that your life will now include an ignition interlock device on your vehicle for a period of time. When you bond out of jail, the magistrate will include an ignition interlock as a bond condition. That means, during the entire pendency of your case, you will have to have an ignition interlock on your vehicle.

If there is a license suspension in your case, you must get an occupational license if you want to drive legally during your suspension period. When you're charged with DWI above 0.15, the occupational license will come with a provision mandating ignition interlock during the driver's license suspension period.

Finally, if you get placed on probation, one of your conditions of probation will typically include ignition interlock. The statute says that you must have the ignition interlock device on your vehicle for at least half the term of probation. However, the judge can insist that you keep the interlock on your vehicle longer.

Factors That Can Increase Penalties

Even with a first-time offense, certain circumstances can elevate your DWI to an even more serious charge, such as:

• DWI with a child passenger (under age 15)
• Prior convictions of DWI
• Causing bodily injury to others, including emergency medical services personnel
• Refusal to comply with implied consent laws
• DWI resulting in intoxication assault, or intoxication manslaughter

Administrative Penalties You May Face

Separate from criminal charges, the Texas Department of Public Safety (DPS) may take action against your driver’s license through the Administrative License Revocation (ALR) process. You could face:

• Immediate license suspension
• Additional civil penalties
• Increased insurance premiums
• Required attendance in alcohol education programs

Collateral Consequences of a DWI Conviction

The fallout from a DWI conviction doesn’t stop at jail or fines. Long-term effects can include:

• Difficulty securing employment
• Barriers to housing or professional licenses
• Travel restrictions
• A permanent criminal offense on your record
• Loss of driving privileges

Can You Fight a DWI with a BAC Over 0.15?

Absolutely — but it’s not something you can do by yourself. A strong DWI defense may challenge:

• Accuracy of the blood alcohol content (BAC) results
• Flaws in police procedure or improper stop
• Mishandling of a person’s blood samples
• Violation of your constitutional rights
• Lack of probable cause or police misconduct

The first goal is always to find a way to either dismiss the case or work out a plea deal that does not result in a DWI conviction.

However, when those things aren't possible, another way to successfully defend a DWI above 0.15 is to try to get the State to drop the above 0.15 allegation. If you can do that, the case becomes a Class B misdemeanor, and the ignition interlock does not have to be on your vehicle for at least half the period of probation.

Don’t Risk the Harshest Penalties, Hire Our Experienced DWI Attorney

With a background as a former prosecutor and deep experience defending DWI cases in Travis County, Williamson County, and beyond, Ryan H. Deck knows both sides of the courtroom. He can evaluate every angle of your DWI charge, challenge weak evidence, negotiate with prosecutors, and help you avoid the most damaging outcomes.

As a Texas Board Certified Criminal Defense attorney, Ryan has used his expert knowledge and skills to help countless clients avoid jail, reduce charges, and keep their driving privileges intact — even in DWI cases with a BAC of 0.15. Contact us for a free case review.