A first DWI in Texas is normally a Class B misdemeanor. If an analysis of your breath, blood, or urine shows an alcohol concentration of 0.15 or higher at the time of testing, the charge can become a Class A misdemeanor.
That change matters. It raises the maximum jail sentence from 180 days to one year and the maximum court fine from $2,000 to $4,000, and it can also lead to stricter bond conditions and limit some options for resolving or sealing the case. A first DWI with a BAC of 0.15 or higher is still generally a misdemeanor, not a felony. As a Board Certified criminal defense firm handling Houston DWI cases, we walk clients through exactly what their BAC allegation means for their charge before any decision gets made.
Key Takeaways
- A BAC of exactly 0.15 is enough to raise a first DWI from a Class B to a Class A misdemeanor.
- The maximum jail sentence increases from 180 days to one year.
- The maximum court fine increases from $2,000 to $4,000.
- An ignition interlock device may be required while the case is pending.
- The high BAC allegation may affect eligibility for deferred adjudication, pretrial intervention, and record sealing.
- The state must prove both intoxication while driving and the BAC allegation required for the Class A charge.
- A chemical test result is evidence, but its accuracy and interpretation may still be challenged.
- The driver’s license case is separate from the criminal DWI case, and the deadline to request a hearing can arrive quickly.
Class B vs. Class A DWI at a Glance
| Issue | Class B DWI | Class A DWI Based on BAC |
| Alleged BAC | Generally below 0.15 | 0.15 or higher |
| Maximum jail sentence | 180 days | One year |
| Maximum court fine | $2,000 | $4,000 |
| Ignition interlock while on bond | Depends on the court and circumstances | May be required under Texas law |
| Deferred adjudication | May be available in a qualifying case | Eligibility may be restricted |
| Harris County pretrial intervention | May be available if program requirements are met | High BAC may affect eligibility |
| Record sealing | May be possible in qualifying cases | A Class A conviction can limit eligibility |
These are maximum statutory penalties, not automatic sentences. The outcome depends on the evidence, criminal history, court, negotiations, and facts of the case.
When Does a Texas DWI Become a Class A Misdemeanor?
Texas law makes it an offense to operate a motor vehicle in a public place while intoxicated. An ordinary first DWI is a Class B misdemeanor, carrying between 72 hours and 180 days in jail and a court fine of up to $2,000.
Under Texas Penal Code Section 49.04, the offense becomes a Class A misdemeanor when an analysis of the person’s blood, breath, or urine shows an alcohol concentration of 0.15 or higher. The threshold includes a result of exactly 0.15. The result does not need to exceed 0.15 for the higher classification to apply.
A first DWI at this level is not automatically a felony. It remains a Class A misdemeanor unless another circumstance supports a more serious charge, and we cover several of those scenarios in more depth on our Felony DWI page.
How Does a BAC of 0.15 or Higher Change the Penalties?
The clearest difference is the increase in possible punishment. A standard Class B DWI carries up to 180 days in county jail and a court fine of up to $2,000. A Class A DWI carries up to one year in county jail and a court fine of up to $4,000, and a conviction can also produce court costs and other financial obligations depending on the sentence and conditions imposed.
A BAC of 0.15 or higher can affect the case before guilt or innocence is decided. An ignition interlock device may be ordered as a condition of release on bond, requiring the driver to provide a breath sample before the vehicle will start, and the person may also have to pay installation, rental, and monitoring costs. The court can impose additional conditions, including alcohol testing or pretrial supervision. Anyone released on bond should read the order carefully and comply with every condition, since missing a test, failing to install a required device, or violating an alcohol restriction can place the bond at risk.
A high BAC allegation may also limit options that could otherwise be available in a first DWI case. The allegation can affect eligibility for deferred adjudication or a local pretrial intervention program, and Harris County program rules and prosecutorial policies can change, so eligibility should be confirmed based on current requirements and the facts of the case. The 0.15 allegation may also matter during negotiations. If the state cannot prove the higher BAC element, the case may remain a Class B DWI even if the state can prove intoxication, though a reduction or dismissal is never automatic. Is the 0.15 BAC Based on the Time of Driving or Testing?
The wording of Texas Penal Code Section 49.04 ties the 0.15 enhancement to the alcohol concentration shown when the specimen was analyzed. That does not eliminate the state’s obligation to prove that the person was intoxicated while operating the vehicle.
These remain related but separate questions. Was the person intoxicated while driving? Did the specimen analysis show an alcohol concentration of 0.15 or higher. This distinction can matter when there was a significant delay between driving and testing, since alcohol can continue entering the bloodstream after a person stops drinking, and a later test may not always show precisely what the person’s BAC was while driving. The timing of the last drink, traffic stop, arrest, and chemical test can therefore become important facts in the case.
Can a BAC Result of 0.15 or Higher Be Challenged?
Yes. A result of 0.15 or higher does not make the case automatic or prevent the evidence from being reviewed. The relevant questions depend on whether the result came from breath or blood testing, and may include whether the testing equipment was working correctly, whether required testing procedures were followed, whether a blood sample was properly collected, stored, and analyzed, whether the state can establish the chain of custody, whether contamination or another laboratory problem affected the sample, how much time passed between driving and testing, and whether alcohol was still being absorbed after the person stopped driving.
A test result does not need to be completely excluded to matter. If the reliability of the 0.15 reading is placed in doubt, that may affect whether the state can prove the Class A allegation beyond a reasonable doubt, and the same evidence may also affect whether the state can prove the underlying DWI charge.
What Happens to Your Driver’s License?
A DWI arrest can create two separate proceedings. There is the criminal DWI case, and there is the civil Administrative License Revocation process. Winning or losing one proceeding does not necessarily determine the other.
According to the Texas Department of Public Safety, a driver who receives a suspension notice after refusing or failing a test generally has 15 days from the date the notice is served to request a hearing. The timing can be different when a person consents to a blood test and DPS later mails a suspension notice after receiving the result, since DPS states that the driver has 20 days from the date that notice is mailed to request a hearing.
For a first ALR action involving an adult driver, a failed test generally carries a 90 day suspension, while a refusal generally carries a 180 day suspension. Different rules can apply based on prior contacts, age, or commercial driving status. An occupational driver’s license may allow limited driving during certain suspensions, and eligibility and conditions depend on the type of suspension and the driver’s circumstances.
Is a High BAC DWI a Felony in Texas?
A first DWI with a BAC of 0.15 or higher is generally a Class A misdemeanor. The BAC level alone does not turn it into a felony. A DWI related offense may become a felony when other circumstances are present, including a passenger younger than 15, serious bodily injury caused by the intoxication, a death caused by the intoxication, or two qualifying prior DWI convictions. The charge should therefore be evaluated based on the full allegations, not the BAC result alone.
Can a Class A DWI Be Sealed or Removed From Your Record?
Texas allows some qualifying first DWI convictions to be sealed through an order of nondisclosure. The rules contain restrictions, and a Class A DWI based on a BAC of 0.15 or higher can affect eligibility. A 0.15 BAC also cannot later be non-disclosed unlike a DWI 1st.
Sealing is different from expunction. A nondisclosure order limits public access to a record in qualifying circumstances, while an expunction generally removes eligible records. Whether either option is available depends on how the case ends, the exact offense, prior history, and other statutory requirements. A dismissal or acquittal can create different record clearing options than a conviction.
What Should You Do After a High BAC DWI Arrest in Houston?
If you were arrested for a DWI involving an alleged BAC of 0.15 or higher, focus on the immediate deadlines and evidence. Check the suspension notice and identify the correct ALR hearing deadline, and follow every bond condition, including any ignition interlock or alcohol testing requirement. Keep receipts, messages, location records, and witness information that may establish when you ate or consumed alcohol, and write down the timeline while you still remember it, including the stop, arrest, and test.
Attend every court appearance and required supervision appointment, and have the legality of the stop and the chemical test evidence reviewed promptly. Do not assume the criminal court will automatically handle the driver’s license proceeding. The ALR hearing must be requested separately.
Frequently Asked Questions
Is a first DWI with a BAC of 0.15 a felony in Texas?
No. It is generally a Class A misdemeanor. Other circumstances, including a child passenger, serious injury, death, or certain prior convictions, may support felony charges.
What is the difference between a Class B and Class A DWI?
A Class B DWI carries up to 180 days in jail and a fine of up to $2,000. A Class A DWI carries up to one year in jail and a fine of up to $4,000, and the Class A charge can also produce stricter conditions and fewer resolution options.
Does a BAC have to be above 0.15?
No. A test result of exactly 0.15 meets the threshold in Texas Penal Code Section 49.04.
Is the BAC measured while I am driving or when I am tested?
The 0.15 enhancement is tied to the result shown by the specimen analysis. The state must still prove that you were intoxicated while operating the vehicle.
Will I need an ignition interlock device?
A court may require an ignition interlock as a bond condition when the charge alleges a BAC of 0.15 or higher. Check the written bond order for the exact requirement and installation deadline.
Can I receive deferred adjudication for a high BAC DWI?
The 0.15 allegation can restrict deferred adjudication eligibility. Whether it is available depends on the offense ultimately charged and the statutory requirements.
Can the BAC result be challenged?
Yes. Breath and blood results can be reviewed for procedural, equipment, collection, storage, laboratory, and timing problems. Whether a particular challenge is useful depends on the evidence.
Will my driver’s license automatically be suspended?
Not necessarily. The license process is separate, and a timely ALR hearing request can contest the proposed suspension. Missing the applicable deadline can cause the suspension to take effect without a hearing.
Can I obtain an occupational driver’s license?
Possibly. An occupational license may allow limited driving for work, school, or essential household duties during certain suspensions. Eligibility and required conditions vary.
Can a Class A DWI conviction be sealed?
A high BAC Class A conviction can limit eligibility for an order of nondisclosure. The answer depends on the final offense, outcome, prior history, and applicable Texas record sealing law. A 0.15 BAC also cannot later be non-disclosed per statute, unlike a DWI 1st.
What a Class A DWI Charge Means for Your Defense
A BAC of 0.15 or higher can turn a standard first DWI from a Class B misdemeanor into a Class A misdemeanor, and that raises the maximum jail sentence and fine, can create stricter bond conditions, and may limit deferred adjudication, diversion, and record sealing options. The result still does not make a first DWI an automatic felony or an automatic conviction.
The state must prove the underlying DWI and the allegation supporting the higher classification, and the traffic stop, testing procedures, specimen handling, and timing of the test may all affect the case. Because the driver’s license deadline can arrive before the criminal case moves forward, our Houston DWI lawyers review the notices and evidence as soon as possible after a high BAC arrest.
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