A DWI with a BAC of 0.15% or higher in Austin is considered a "High BAC DWI" offense. If the test shows 0.15% or higher at the time of analysis, the charge is usually raised from a Class B misdemeanor to a Class A misdemeanor.
Under Texas Penal Code Section 49.04(d), a DWI with 0.15+ BAC is punishable by up to 1 year in jail and a fine of up to $4,000. It can also trigger a separate ALR case, which may lead to a license suspension.
Austin Attorney for DWI With a BAC of 0.15% or More
A DWI becomes more serious in Texas when a blood or breath test shows a blood alcohol concentration (BAC) of 0.15% or more. If you are facing a high BAC DWI in Austin, it may help to speak with a lawyer as early as possible.
James Fletcher, who leads our Austin team, has advanced training in forensic science and DWI testing, including gas chromatography, to analyze blood test results and identify critical errors.
At Michael & Associates, we focus on:
- Breaking down the timeline of the test
- Challenging the validity of BAC results
- Handling both the criminal case and the ALR license suspension
Call Michael & Associates today at (512) 729-8647 for your free consultation with one of our DWI lawyers.
How Does a .15% BAC Change a DWI Case in Austin?
Under Texas Penal Code § 49.04, a person commits DWI by operating a motor vehicle in a public place while intoxicated. And subsection (d) elevates the charge to a Class A misdemeanor when testing shows an alcohol concentration of 0.15 or more.
Prosecutors in Austin (and throughout Texas) treat a BAC of .15% or higher as a more dangerous form of DWI, even on a first offense.
It can lead to:
- Less willingness to reduce charges
- Stronger push for ignition interlock
- Closer scrutiny of the case facts
Here's a quick comparison of a standard first DWI vs. a high-BAC DWI:
|
Factor |
Standard 1st DWI |
BAC ≥ .15% DWI |
|
Charge Level |
Class B misdemeanor |
Class A misdemeanor |
|
Max Jail |
180 days |
1 year |
|
Max Fine |
$2,000 |
$4,000 |
|
Court Perception |
Baseline offense |
More serious offense |
Note: The BAC result doesn't prove the whole case. Prosecutors still need to prove that the accused operated a motor vehicle in a public place while intoxicated.
Penalties for DWI With a BAC of .15% or Higher in Austin
A DWI with 0.15+ BAC is charged as a Class A misdemeanor. Below is a list of possible penalties:
|
Penalty Category |
What It Can Include |
|
Jail time |
Up to 1 year in county jail |
|
Court fine |
Up to $4,000 |
|
Driver's license consequences |
A conviction can lead to a court-ordered license suspension of up to 1 year, separate from any ALR suspension that may occur after arrest. |
|
Ignition interlock |
Courts often require ignition interlock devices in higher-BAC cases, especially as a condition of bond or probation. |
|
Probation/Community supervision conditions |
May include reporting, supervision fees, court-ordered conditions, and compliance requirements |
|
Required programs or evaluations |
May include a DWI education program, alcohol screening, or related court-ordered steps |
|
Insurance and reinstatement consequences |
May include an SR-22, reinstatement requirements, and other post-conviction driving conditions |
Additional State Traffic Fine After a .15% BAC DWI Conviction
Texas no longer uses the old DPS surcharge system for DWI convictions. The Driver Responsibility Program was repealed in 2019, so a driver is not charged an annual DPS surcharge for three years under the old Chapter 708 system.
However, Texas now has a separate state fine under Transportation Code § 709.001. For a first DWI conviction, the fine can reach up to $3,000, and up to $4,500 if the BAC is 0.15% or higher. Higher amounts may apply for repeat offenses.
What Happens to Your License After a High-BAC DWI Arrest?
A high-BAC DWI arrest can trigger a separate civil license case through the Administrative License Revocation (ALR) program. The ALR program can suspend or disqualify your license after a DWI arrest if you fail or refuse a breath or blood test.
- ALR deadlines can be short. Many drivers have 15 days to request a hearing after receiving notice.
- For a first offense failure, the suspension period is 90 days. It can be longer for later offenses or depending on the facts.
Some non-commercial drivers may be able to request an occupational driver's license, also called an essential need license, while a suspension is in place. It's a restricted license that may allow driving for essential needs.
Can You Fight a DWI With 0.15+ BAC in Austin?
Yes. A BAC result alone doesn't automatically prove guilt.
Common defense strategies include:
- The traffic stop: Was there legal cause to pull you over?
- Field sobriety testing: Were the tests administered correctly?
- Breath or blood testing issues: Machine calibration errors, improper blood handling, or chain of custody problems
- Timing defense: The test result may not reflect the actual BAC while driving, since the BAC rises over time
Helpful DWI Resources
- Texas DPS Administrative License Revocation Program: Explains how license suspensions work after a DWI arrest
- Texas DPS ALR Hearing Request Form: Official page to request your hearing before the deadline
- TDLR Drug and Alcohol Education Programs: Find approved courses required after conviction
Let Michael & Associates Help With a High-BAC DWI Charge in Austin
A DWI with a BAC of .15% or higher can affect more than just one court date. It can raise the charge level, increase the potential punishment, trigger a license-suspension fight, and limit record-sealing options later.
Michael & Associates can review the stop, testing, timeline, and license issues in an Austin DWI case. A careful review may help you understand what you are facing and whether there may be defenses worth raising.
Contact us for a free case review.
Last reviewed for accuracy by Michael & Associates' Austin DWI lawyers: May 2026
