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0.15 BAC DWI Allegations in Texas: Class A Charges and Evidence Review

Ruben Restrepo
Oct 5
3 min read

Updated: 3 days ago

AI-generated illustration; not an actual specimen, laboratory report or client matter.

What changes at 0.15?

Penal Code section 49.04(d) makes the offense a Class A misdemeanor when the specified specimen analysis showing 0.15 or more is proved at trial. The provision refers to the concentration at the time the analysis was performed. The State must also prove the underlying DWI offense, including intoxication while operating a motor vehicle in a public place.

A reported number is important, but it does not replace review of the specimen, testing records, timeline and remaining evidence. A charge is an allegation; its existence does not establish every fact the State must prove.

Distinguish punishment ranges from a predicted sentence

Ordinary Class A misdemeanor punishment can include up to one year in jail and a fine up to $4,000, or both. Ordinary Class B maximums are 180 days and $2,000. Those fine maximums double; they do not quadruple. Other provisions and case circumstances can affect the consequences.

Transportation Code section 709.001 provides an additional conviction fine, including a $6,000 provision where the specified 0.15 finding is made, and a waiver for qualifying indigency findings. This should not be described as the former annual driver-responsibility surcharge. The applicable assessment, other costs and any waiver need individual review.

Interlock and case-resolution questions need their own analysis

Article 42A.408(c)(1) addresses a required interlock condition for the specified community-supervision situation involving a proved 0.15 analysis. It is different from saying every arrest immediately produces the same interlock order. Bond, license and probation requirements must be read separately.

Ask which restrictions currently apply and which outcomes are legally available. Do not assume reducing a number automatically establishes eligibility for deferred adjudication or record sealing; those questions have their own statutory requirements.

What does measurement uncertainty tell us?

A laboratory report may include an uncertainty statement. Review what it describes, its units and coverage, the method, specimen identification and quality-control records. A numerical interval is not itself a legal ruling that the enhancement must be dismissed.

Do not automatically subtract a reference-standard tolerance from the reported result. A quality-control acceptance limit and a specimen-specific uncertainty statement answer different questions. Any challenge should be grounded in the actual records and, when appropriate, qualified scientific analysis.

Documents to review

Identify the tested specimen and units, collection and analysis information, the complete laboratory or breath-test records, relevant notices and the charging document. Ask how the 0.15 allegation relates to proof of the underlying offense and what restrictions need attention now. No single mathematical shortcut decides all of those questions.

Separate the questions raised by a 0.15 allegation

Review area

What to check

What not to assume

Charge level

The charging document and analysis relied on

A charge does not establish every fact the State must prove

Punishment and costs

Applicable ranges, additional fines and any waiver

Maximum exposure is not a prediction of a sentence

Interlock and driving

Bond orders, license requirements and any probation order

Different requirements are not interchangeable

The reported number

Specimen, units, method, records and any uncertainty statement

An interval crossing a threshold does not automatically dismiss the allegation

What to bring

  • The charging document and court notices

  • The complete test report you have, not only a repeated number

  • Collection and analysis dates and any available testing records

  • Bond conditions and any interlock order or compliance documents

  • Driver-license notices and current restrictions

  • Questions about the result, available records and current obligations

Bring what you have and ask which additional records are needed. Keep case details for your lawyer rather than posting them publicly.

Questions about your Houston DWI case?

To discuss representation, call Ruben Restrepo at 713-714-7330 or contact the office. Learn more about our Houston DWI practice. Please do not post details of your case in public comments.

Sources and review

Reviewed October 19, 2026. General information; individual facts, notices and orders matter.

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