It affects whether the DWI is charged as a class A or class B misdemeanor. If the BAC (blood alcohol content) is less than .15, it will be charged as a class B misdemeanor. If the BAC is .15 or greater, it will be charged as a Class A misdemeanor.

If the blood comes back .15 or greater, they will raise it up to a Class A misdemeanor.

The class B misdemeanor is the lower charge. The maximum punishment for a class B misdemeanor is 180 days in county jail and up to a $2000 fine. The maximum punishment for a class A misdemeanor is a year in county jail and up to $4000 fine. Remember, these are just maximum punishments. Almost all misdemeanor DWI cases result in some type of probation, pre-trail diversion, reduction, dismissal… not jail.

Only the BAC that was taken at the police station via the breathalyzer or blood draw will count towards the level of the charge. The BAC result from portable breath handheld device that some people blow into at the scene of the arrest will not count towards which level of misdemeanor you are charged with. This is because the portable breath device is not considered sufficiently accurate to be used by the court system.

No problem. Give us a call – (512) 472-1113 – we’re happy to answer any questions. Or you can e-mail us.