DWI With 0.15 BAC

A DWI with a BAC of 0.15% or higher in San Antonio means prosecutors claim you were driving while intoxicated and that a blood or breath test showed an alcohol concentration of at least 0.15%, nearly twice Texas's legal limit of 0.08%.

While a first DWI is often a Class B misdemeanor, test results that show a BAC of 0.15% or higher can elevate the charge to a Class A misdemeanor.

A BAC of 0.15% is nearly twice the legal limit and can be serious evidence against you, but it doesn't mean you're automatically guilty. GERD, acid reflux, and other conditions that introduce alcohol-containing vapors into the mouth may affect some breath-test results, depending on the circumstances and testing procedures used. Additionally, certain medications may affect how alcohol is absorbed, distributed, or eliminated by the body, and some medications can influence the interpretation of intoxication evidence.

San Antonio Attorney for DWI With a BAC of 0.15% or Higher

If you're charged with DWI in San Antonio with a BAC of 0.15% or higher, treat it as more than a routine first DWI. Prosecutors often treat a BAC of 0.15% or higher as an aggravating factor because Texas law allows a first DWI to be enhanced from a Class B misdemeanor to a Class A misdemeanor.

In San Antonio, these cases may come from traffic stops near downtown, Loop 410, I-10, Highway 281, Stone Oak, Alamo Heights, the Medical Center, UTSA, the Pearl, or the River Walk area. But no matter where you were arrested, the State must still prove the charge with reliable evidence.

At Michael & Associates, we treat the BAC number as evidence to investigate, not as the final word. We can help you check whether the San Antonio Police Department (SAPD), Bexar County Sheriff's Office (BCSO), Texas Department of Public Safety (DPS), or another arresting agency followed the law during the stop, detention, arrest, testing process, and evidence handling.

Our DWI lawyers in San Antonio can also help with related issues that often move quickly after a DWI arrest, including the Administrative License Revocation hearing, possible occupational driver's license options, bond conditions, ignition interlock requirements, and court settings in Bexar County.

How Does a 0.15% BAC Change a DWI Case in San Antonio?

A BAC of 0.15% or higher can elevate a first DWI from a Class B misdemeanor to a Class A misdemeanor and increase the potential penalties you face. Here's a quick comparison:

The table above provides a general comparison, but the specific facts of each case can affect the penalties and conditions that apply.

Under Texas Penal Code § 49.04, driving while intoxicated (DWI) is the charge for a person who operates a motor vehicle while intoxicated in a public place.

Texas Penal Code § 49.01 defines intoxication as either:

• Having a BAC of 0.08% or more, or
• Not having the normal use of mental or physical faculties because of alcohol, drugs, medication, or another substance.

The alcohol concentration may come from a breath, blood, or urine test. Alcohol concentration can be measured by grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.

A BAC of 0.15 or higher is serious because the State can use it to raise the punishment range for a first DWI. If the prosecutor proves that a blood, breath, or urine analysis showed an alcohol concentration of 0.15% or more at the time of the analysis, § 49.04(d) can elevate the offense to a Class A misdemeanor.

Related: Key blood and breath testing terminology explained

Criminal Penalties for DWI With a BAC of .15% or Higher

Here are the possible penalties for a DWI with a BAC of 0.15% or higher, which is more serious than a Class B misdemeanor DWI:

If you receive community supervision in a high-BAC DWI case, ignition interlock can be required under Texas Code of Criminal Procedure Article 42A.408 when the statute applies.

A DWI conviction can also trigger a separate state traffic fine. For a DWI conviction involving an alcohol concentration of 0.15 or higher, the separate state traffic fine can be $6,000. Other intoxicated-driving convictions may carry a $3,000 or $4,500 traffic fine, depending on the person's conviction history within 36 months.

Note: The court can waive the fine if it finds the person indigent.

Driver's License Consequences for DWI With 0.15 BAC

Apart from the criminal case, a high-BAC DWI can also create driver's license problems. After a DWI arrest, Texas DPS may begin an Administrative License Revocation (ALR) process.

Generally, an ALR hearing must be requested within 15 days after receiving or being served with the DIC-25 or notice of suspension. If you miss this deadline, your hearing request can be denied.

Many people miss the ALR hearing request deadline because they're only focused on the criminal charge. They don't realize that their license case is moving separately. For those who drive for work, school, or other family responsibilities, a license suspension can be a headache. That's why the ALR process needs prompt attention.

If your license is suspended, you may want to apply for an occupational driver's license. If you're eligible for it and have been issued one, this restricted license may allow you to drive a non-commercial vehicle for work, school, or essential household duties.

Collateral Consequences of a High-BAC DWI Conviction

Before deciding whether to fight, negotiate, or accept any offer, you need to understand how a high-BAC DWI case could affect your record and daily life. In addition to jail, fines, probation, or license suspension, a DWI with a BAC of .15 or higher can have other collateral consequences.

A conviction may affect the following:

• Employment
• Professional licensing
• Commercial driving
• Military service
• Security clearance
• Insurance rates
• Housing applications
• Immigration

Note: The risks for a person with a professional license, CDL, military connection, or prior DWI history may differ from those of someone with a regular license or no prior record.

How Can a Lawyer Challenge a DWI With a BAC of 0.15 or Higher in San Antonio?

Even a high-BAC DWI case can be challenged by a lawyer if there are problems with the stop, detention, arrest, testing process, warrant, lab work, chain of custody, machine maintenance, or timing of the test.

If a breath test was conducted, a lawyer may review the breath-test machine records, the observation period, the officer's certification, the testing protocol, and other relevant issues. Your attorney will question you about any potential medical conditions that could affect your breath test results and may ask whether you've taken any medication recently. In a blood test case, the lawyer may review the warrant, blood draw procedure, storage conditions, lab documentation, analyst notes, and sample handling.

Real DWI Case Outcomes Involving BAC over 0.15% 

Charge: DWI (BAC Over 0.15%)

Location: Bexar County, CCL2

Allegations: After a night out, an argument left our client with the car. When the relative who planned to pick her up was stopped, the police asked our client to come to the scene. When she arrived, she admitted to drinking and was asked to perform roadside tests. She later blew over 0.15 BAC. We secured the video and challenged whether the officers actually witnessed our client operating the motor vehicle. We also dissected the field tests for instruction and scoring errors and challenged the breath test procedure and instrument logs. We leveraged these weaknesses and negotiated a reduction to a lower-level offense.

Result: Charges Reduced

Note: Past results do not guarantee or predict a similar outcome. Every case depends on its own facts, evidence, court, prosecutor, and legal issues.

Helpful DWI Resources

1. Texas DPS ALR Hearing Request Form: Use this to request an Administrative License Revocation hearing after a DWI-related suspension notice.
2. SOAH Driver's License Hearings Forms: Here, you'll find forms related to driver's license hearings, including subpoena forms.
3. Texas DPS Occupational Driver License Information: Learn more about the occupational driver's license here.
4. Texas DPS SR-22 Information: This page explains the requirements for SR-22 or Financial Responsibility Insurance Certificate.

Get Help From a San Antonio DWI Lawyer

If you were arrested for DWI with a BAC of .15 or higher in San Antonio, the test result doesn't always tell the whole story. A high alcohol concentration is serious, but it can still be challenged if there are problems with the stop, arrest, testing process, warrant, lab work, or timing of the result.

At Michael & Associates, we understand how stressful it is to face a DWI charge. Our DWI attorneys include ACS-CHAL Forensic Lawyer-Scientist RC Pate, who has completed advanced forensic-science training focused on alcohol testing, toxicology, and impaired-driving evidence.

Getting legal guidance early can help you understand deadlines, evidence issues, and possible defense options.

Contact us for a free case review.

Last updated in June 2026 and reviewed for accuracy by Michael & Associates' experienced criminal defense attorneys.