Is a DWI with a BAC of .15 or higher a felony in Texas?

Usually, no. A first DWI with a BAC of .15 or higher is generally a Class A misdemeanor. Felony charges may apply if the case involves certain prior intoxication convictions, a child passenger, serious bodily injury, death, or a school crossing zone during the time the reduced speed limit applies, for conduct occurring on or after September 1, 2025.

Can a Houston DWI with a .15 BAC be reduced or dismissed?

It may be possible, but it depends on the evidence. A lawyer may look for problems with the stop, arrest, field sobriety tests, breath machine records, blood draw, warrant, lab records, chain of custody, or timing between driving and testing. No lawyer can guarantee a reduction.

Can you get probation for a DWI with a BAC over .15 in Houston?

Some people may be eligible for community supervision, commonly called probation, in a first-time high-BAC DWI case. The court may impose conditions such as an ignition interlock device, alcohol education, testing, treatment, reporting, and other requirements based on the facts of the case.

Does a .15 BAC automatically mean I was intoxicated while driving?

No, a 0.15 BAC is serious evidence, but it does not automatically prove every part of the case. In Texas, a high-BAC enhancement focuses on the test result at the time of analysis. The State still has to prove intoxication while operating a motor vehicle in a public place.

Will a .15 DWI affect a professional license or CDL?

It can. A DWI arrest, charge, or conviction may trigger reporting or disclosure duties for some licensed professionals, depending on the profession, licensing agency, employment rules, and stage of the case.

Houston DWI With a BAC of .15% or Higher Lawyer

DWI With 0.15 BAC

A .15% or higher BAC allegation can raise a first Houston DWI to a Class A misdemeanor. Michael & Associates can help you understand what the charge means, what evidence may be challenged, and what deadlines may apply.

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If you are charged with DWI with a BAC of .15% or higher in Houston, the State is alleging that an analysis of your blood, breath, or urine showed a BAC of at least 0.15% at the time the analysis was performed.

For an otherwise ordinary first DWI, proof of a qualifying 0.15% result changes the offense from a Class B misdemeanor to a Class A misdemeanor. However, it does not automatically prove guilt or mean the test result cannot be challenged. Additionally, prosecutors still have to prove that you were intoxicated while operating a motor vehicle in a public place.

While the BAC number is not the final answer in a high-BAC DWI case in Houston, it is still evidence. It can affect the criminal charge, bond conditions, ignition interlock requirements, plea negotiations, driver's license issues, and your long-term record.

Houston DWI with a BAC of 0.15 Attorney

In addition to the Houston Police Department, the Harris County Sheriff's Office, METRO Police, the Texas Department of Public Safety (DPS), Harris County constables, or nearby city police departments can also make a DWI arrest in Houston.

Even if it is your first offense, you must deal with a DWI with a BAC of 0.15% or higher seriously. In Texas, a first DWI is usually a Class B misdemeanor. But if the State proves a qualifying BAC test result of 0.15% or more, the charge can elevate to a Class A misdemeanor.

Our DWI defense lawyers at Michael & Associates can help you check whether your high BAC case can be challenged.

How Does a .15 BAC Change a DWI Case in Houston?

A "DWI with a BAC of 0.15% or more" is not a separate offense with its own statutory name. It is a DWI allegation under Texas Penal Code § 49.04 with an additional fact that can increase the offense to a Class A misdemeanor when the State proves a qualifying specimen result.

A first DWI is generally a Class B misdemeanor. However, a BAC of 0.15% or higher can change the range of punishment and case handling. It may also affect how prosecutors evaluate the case and whether a judge imposes stricter bond or supervision conditions.

The following table compares a standard first DWI with a first DWI enhanced under § 49.04(d). It does not cover cases involving prior convictions, a child passenger, injury, death, or another felony allegation.

Issue	Typical First DWI Without the 0.15% BAC Enhancement	DWI With BAC of .15% or Higher
Usual charge level	Class B misdemeanor	Class A misdemeanor
Maximum jail exposure	180 days	1 year
Minimum jail term	Usually 72 hours; 6 days if an open container allegation applies	No special minimum jail term based only on the .15 enhancement
Maximum criminal fine	$2,000	$4,000
Separate state traffic fine after a final conviction	Generally $3,000 for a first conviction, subject to statutory waiver	Generally $6,000 when the 0.15 provision applies, subject to statutory waiver

An ignition interlock device may be ordered while the case is pending and is generally required as a condition of community supervision when a qualifying 0.15% result is proven, subject to the applicable law and case circumstances. The rules depend on whether the device is imposed as a bond condition, probation condition, or occupational-license requirement.

What Does "Intoxicated" Mean Under Texas Law?

Under Texas Penal Code § 49.01, a person can be considered intoxicated in two ways:

By having a BAC of 0.08% or more; or
By losing the normal use of mental or physical abilities because of alcohol, drugs, medication, or another substance.

In many Houston cases, the evidence involves a breath test or a blood sample collected after an arrest, sometimes through a warrant.

What Happens to Your License After a High-BAC DWI Arrest?

A DWI arrest can trigger a separate driver's license case called Administrative License Revocation, or ALR. This administrative driver's license proceeding is brought by DPS, and it is separate from the criminal DWI case in Harris County.

In many breath-test failure or refusal cases, the officer gives the driver a DIC-25 notice at the time of arrest. For blood-test cases, DPS may send notice later after receiving the reported result.

In a typical adult refusal or failed-test ALR case, the hearing request must be submitted no later than 15 days after the person receives the suspension notice. Missing that deadline can allow the suspension to take effect without a hearing.

Common first-contact suspension periods include:

Failed breath or blood test: 90 days
Refused breath or blood test: 180 days

Longer periods may apply when the person's driving record shows a qualifying prior alcohol- or drug-related enforcement contact.

Ask your lawyer if you may qualify for an occupational driver's license. This is a restricted court order that may allow essential non-commercial driving during a suspension.

What Happens After a High-BAC DWI Arrest in Houston?

Most misdemeanor DWI cases in Houston are handled in the Harris County Criminal Courts at Law. The process can include bond, court settings, discovery, plea negotiations, motions, ALR deadlines, and trial preparation.

A typical case may involve:

Arrest and booking after a traffic stop, crash investigation, or police contact
Bond conditions, which may include no alcohol, testing, travel limits, or ignition interlock
First court settings in Harris County
Discovery review, including reports, videos, test records, warrants, and lab documents
ALR hearing for the driver's license case
Pretrial motions, if the stop, arrest, search, or testing procedure is challenged
Negotiation or trial preparation, depending on the evidence and goals of the defense

A high BAC can affect how the prosecutor evaluates the case, but it does not remove the State's burden of proof. The State still has to prove every required element beyond a reasonable doubt.

Collateral Consequences of a High-BAC DWI Conviction

A high-BAC DWI can create problems that follow a person into work, licensing, insurance, and family responsibilities.

Possible collateral consequences include:

Higher auto insurance costs
Employment background-check issues
Professional license reporting or discipline
Commercial driver's license consequences
Problems with jobs that require driving
Military or security-clearance concerns
Difficulty meeting school, work, or family obligations during a suspension
Immigration consequences for noncitizens in some cases, especially when the allegation involves drugs, injury, a child passenger, or other aggravating facts

The risks are higher for commercial drivers, nurses, teachers, pilots, law enforcement officers, military members, healthcare workers, licensed professionals, and anyone whose job depends on a clean driving or criminal record.

Can You Fight a DWI With a .15 BAC in Houston?

Yes. A .15% result can be powerful evidence, but it is not automatic proof of guilt. Breath and blood evidence can be challenged when the facts support it.

The defense should check whether the following can be challenged:

Reasonable suspicion for the stop
Probable cause for the arrest
Field sobriety tests
Blood and breath testing
Chain of custody
Time of testing
Whether medical, physical, or environmental factors affected the observations or test evidence

Every case is different. A defense strategy should be based on the actual video, reports, test records, warrant materials, and laboratory evidence.

Helpful DWI Resources

Texas DPS ALR Hearing Request Form: Allows eligible drivers to request an ALR hearing after receiving a suspension notice.
Harris County Criminal Courts at Law: Provides court information, court locations, dockets, and local criminal-court resources.
Harris County Community Supervision and Corrections Department: Provides information about probation programs, treatment, and court-related services.
Texas DPS Occupational Driver License Information: Provides guidance about restricted driving privileges after certain suspensions.

Consult a DWI Lawyer in Houston

A DWI with a BAC of .15% or higher can feel overwhelming because the number looks serious. But the State still has to prove the case, and the test result must be reviewed for legality, reliability, timing, and accuracy.

Michael & Associates defends people charged with DWI in Houston and throughout Harris County. Our defense team can review the traffic stop, arrest, field sobriety testing, breath or blood evidence, lab records, bond conditions, ALR deadlines, and possible defense options.

Even a high-BAC DWI charge does not mean the case is hopeless. The defense should start early, investigate carefully, and make decisions based on the evidence rather than fear.

Frequently Asked Questions