Texas DWI — BAC 0.15+ Charge (Class A Misdemeanor)

Why BAC 0.15 Changes Everything

A standard first DWI in Texas is a Class B misdemeanor. If your breath or blood test reads 0.15 or higher, the charge is automatically elevated to Class A under §49.04(d) — no prior history required, no accident required, no aggravating conduct. The number on the test result triggers the upgrade.

Class A doubles the maximum exposure: from 180 days to one year in county jail, and from $2,000 to $4,000 in maximum fines. It also affects bond amounts, plea negotiation dynamics, and the likelihood that bond conditions — like ignition interlock and alcohol monitoring — are imposed from the start.

The 0.15 Reading at the Time of Testing Is Not Final

Texas law uses retrograde extrapolation — estimating what your BAC was at the time you were driving, based on when the test was administered. An experienced DWI attorney challenges the testing methodology, the device calibration records, and the extrapolation calculation. A result at 0.15 is a number the prosecution uses; it is also a number your attorney works to discredit, contextualize, or suppress.

• Intoxilyzer calibration logs — required to be current; defects can invalidate results
• Chain of custody for blood draws — any break can render the result inadmissible
• Officer training records — test administration errors are common and documented
• Rising BAC defense — BAC at time of driving may have been below 0.15

Bond and Immediate Implications

Because Class A carries more exposure than Class B, bond amounts run higher — typically $2,000–$4,000 on a first arrest at this BAC level. Conditions including ignition interlock are more likely to be imposed immediately. Contact 800-225-5394 right away — the earlier an attorney begins reviewing the breath or blood test evidence, the more options exist.