Drunk driving is not safe for anyone on the Texas roadways. It increases your chances of getting into a wreck and causing injury or death to other people. Driving with a blood alcohol concentration (BAC) of .08 or higher is enough to land you behind bars. When your case involves a BAC of .15 or more, prosecutors will be less forgiving. They will sentence you to more time in jail and steeper fines if you are found guilty. Do not try to handle these charges on your own. Contact legal representation as soon as you can. The sooner you gain a trusted defense team, the better your chances of a more favorable outcome in court. The attorneys at The Gonzalez Law Group will exhaust all of their resources to get the charges against you dropped or reduced. Take the first step in building your defense and schedule a consultation with us.
DWI with a BAC of .15 in Harris County, TX
Driving while intoxicated is a problem that impacts people of all ages and from every walk of life. According to a report from the National Highway Traffic Safety Administration, 68% of the DWI fatalities involved at least one driver who had a BAC of .15 or higher. Instead of being charged with a class B misdemeanor for a DWI with a BAC between 0.08 and .14, you will be charged with a class A misdemeanor if you are caught driving with a BAC of .15 or higher. A police officer will conduct a chemical test of your breath, blood, or urine to determine the level of alcohol in your system. You have the right to refuse this test, but it will result in an automatic license suspension.
Penalties for DWI with BAC of .15
A BAC of .15 or higher is considered an aggravating factor in a DWI case, so you will be facing elevated charges. As mentioned in the previous section, you will have your charges elevated from a class B misdemeanor to a class A misdemeanor that is punishable by the following:
- Between 30 days to a year in jail
- A fine that can cost up to $4,000
- No driving privileges for up to two years
You will also have to face additional financial penalties along with the punishments imposed by the court. Under Texas Transportation Code § 709.001, a person who is finally convicted of a DWI must pay a mandatory state fine, and failing to pay court-ordered amounts can affect your ability to maintain your driver’s license.
The amount of this state fine is $3,000 for a first conviction within a 36-month period, $4,500 for a second or subsequent conviction within a 36-month period, or $6,000 if it is shown at trial that you had a BAC of .15 or more. This fine replaced the former annual Driver Responsibility surcharge, which was repealed effective September 1, 2019.
Related DWI Crimes
It’s not uncommon for a DWI case to involve other factors. These factors can include having a child passenger, being found with an open container, or causing the death of another person. All of these related crimes are in Chapter 49 of the Texas Penal Code, and they will result in steeper fines and more time behind bars.
An offense that is commonly charged with a DWI is the possession of an alcoholic beverage in a motor vehicle. It’s against the law in Texas to have an open container of alcohol in the passenger area of a vehicle. It doesn’t matter if the vehicle is being operated or if it’s stopped or parked; you will be charged with a Class C misdemeanor that is punishable by a $500 fine.
Having someone younger than 15 in your vehicle while driving drunk is another crime you could be charged with. Texas takes the safety of children seriously, so you will be looking at a state jail felony if convicted. A state jail felony is punishable by 180 days to two years behind bars and a fine that can cost up to $10,000.
Perhaps the most devastating DWI cases are those that cause death. This is called intoxication manslaughter, and it’s the accidental cause of death because of intoxicated driving. The crime is a second-degree felony that will put you in prison for two to 20 years and require you to pay a fine that can cost up to $10,000.
How the State Proves a 0.15 BAC in Texas
To establish a BAC of .15, the state relies on chemical testing of a person’s breath or blood. Under the implied consent law in Texas Transportation Code § 724.011, a person who is arrested for DWI is deemed to have consented to testing. Under Texas Transportation Code § 724.012, an officer must require a specimen in certain situations, such as a crash causing serious injury or death, a DWI with a child passenger, or when the person has qualifying prior convictions. If a person refuses, the officer may obtain a warrant to draw blood.
Because a breath or blood sample is usually taken sometime after driving, prosecutors may rely on a method called retrograde extrapolation to estimate what a person’s BAC was at the time they were driving. This calculation depends on assumptions about factors like a person’s weight, when they last drank, and how long they were drinking. An experienced attorney can challenge the reliability of that estimate, and such an objection generally goes to the weight of the evidence rather than whether it is admissible.
Additional Resources for DWI with BAC .15
Intoxication and Alcoholic Beverage Offenses | Texas Penal Code– Visit the Texas Constitution and Statutes website to read the chapter that governs DWI and related crimes in the state. You can learn more about the related offenses mentioned above, as well as other offenses such as public intoxication and intoxication assault.
Texas Transportation Code § 709.001– View the current state traffic fine imposed on a person convicted of an intoxicated driver offense, including the $3,000, $4,500, and $6,000 fine amounts and the indigence waiver. This section replaced the repealed Driver Responsibility Program surcharge.
Contact a Houston, TX DWI Lawyer
DWI charges should not be taken lightly, especially when your case involves a BAC of .15 or more. You will need the guidance of a defense team that is experienced in defending DWI in the Harris County courtroom. We know this may be your first run-in with the law, which is why we want to be with you every step of the way. The Gonzalez Law Group will listen to your story and formulate a defense plan that is in your best interest. Schedule a time to speak with us. Call (832) 530-4070 or submit your information in the online contact form.
The Gonzalez Law Group represents clients in cities across Harris County, including Houston, Almeda, Fresno, Manvel, and many others.
