Blood Alcohol Content (BAC) Greater Than .15

Blood Alcohol Content (BAC) Greater Than .15

Charlie explains what it means when your Blood Alcohol Content (BAC) is greater than .15, and how that will affect your case.

FAQs

Q: What significance does a BAC (Blood Alcohol Concentration) of .15 or higher hold in a Texas DWI case?

A: In Texas, a BAC of .15 or greater is an enhancement in DWI cases. Established in 2011, this enhancement increases the severity of the charge from a Class B to a Class A misdemeanor.

Q: What changes in punishment can occur with a BAC of .15 or higher?

A: With a BAC of .15 or higher, the maximum potential jail time increases. Instead of a maximum of 180 days in jail for a Class B misdemeanor, it goes up to a year in jail for a Class A misdemeanor.

Q: How can I tell if my DWI charge is enhanced due to a high BAC?

A: You can typically find this information on your bond documents, where it might state "Driving While Intoxicated, BAC greater than or equal to .15," indicating a Class A misdemeanor.

Q: What happens if blood tests are taken instead of a breathalyzer test?

A: If blood tests are taken, the BAC level might not be known immediately. However, if the results later show a BAC of .15 or higher, the charge can be enhanced to a Class A misdemeanor.

Q: Can a BAC of exactly .15 lead to an enhanced DWI charge?

A: Yes, a BAC level of .15 or greater, including exactly .15, can lead to an enhanced DWI charge in Texas.