What Happens If Your Blood Alcohol Concentration Is 0.15 or Higher in Texas?

A DWI charge becomes more serious when chemical testing reports an alcohol concentration of 0.15 or higher. Texas law provides a specific enhancement for this result, potentially increasing the offense classification and available punishment. However, the reported number must still be supported by legally admissible and reliable evidence. At The Law Office of Alex Tyra, P.C., we review high-BAC DWI cases throughout Longview and East Texas.

The High-BAC Enhancement

Under Texas Penal Code § 49.04(d), a DWI offense is a Class A misdemeanor if an analysis of a blood, breath, or urine specimen shows an alcohol concentration of 0.15 or more at the time the analysis was performed.

A Class A misdemeanor generally carries a maximum punishment of one year in jail and a fine of up to $4,000 under Texas Penal Code § 12.21.

This enhancement can apply even when the driver has no prior DWI conviction. Additional circumstances may result in other offense classifications.

Challenging the Chemical Evidence

We examine the testing equipment, sample collection procedures, laboratory records, and chain of custody.

For breath testing, questions may involve equipment maintenance and operator compliance. Blood testing may raise issues concerning collection, storage, contamination, or analytical procedures.

The statutory enhancement focuses on the concentration reported at the time of analysis. Nevertheless, the prosecution must still establish the elements of the underlying DWI offense.

Evaluating the Complete Case

A high test result does not eliminate the need to prove that the defendant operated a motor vehicle in a public place while intoxicated.

We examine the stop, arrest, testing procedures, and any constitutional issues affecting the evidence.

Call The Law Office of Alex Tyra, P.C. for Your Free Consultation

If you face an enhanced DWI charge involving a reported alcohol concentration of 0.15 or higher, call The Law Office of Alex Tyra, P.C. at (903) 753-7499 for your free consultation.