The 0.15 finding doubles your misdemeanor exposure, puts an interlock on your car, and quietly damages your future record-sealing eligibility. It’s also based on a number measured an hour or more after you drove.
Charge: Driving While Intoxicated, alcohol concentration 0.15 or more — Penal Code § 49.04(d)
Level: Class A misdemeanor (enhanced)
Range: Up to 1 year county jail, fine to $4,000, interlock as bond condition
Court: County Court at Law in the county of arrest
How these cases play out in Central Texas courts
The enhancement keys to the test result at testing time — but the offense is about driving time, and the gap between them is defensible science. Rising-BAC analysis, breath instrument tolerances, and blood-draw and lab practices all bear on whether the state can actually prove 0.15-at-driving. Knocking the enhancement down to a standard DWI changes the charge class, the conditions, and your nondisclosure eligibility years from now — value worth fighting for even in cases headed toward resolution. Our flat fees include the ALR hearing on every DWI, this one included.
Questions we hear about this charge
Why does 0.15 matter so much if it’s still a misdemeanor?
Class A exposure (double the jail), interlock conditions, and — the quiet one — it affects later record-sealing eligibility. The enhancement carries consequences a standard first DWI doesn’t.
The test was 90 minutes after the stop — can that number stand?
That gap is the defense: BAC rises after drinking stops, and the driving-time concentration is what matters legally. Retrograde analysis is standard defense work at 0.15+.
Do I need SR-22 insurance now?
If a suspension lands, an occupational or interlock-restricted license path will involve SR-22 — we sequence it so your driving stays lawful throughout.
Facing a DWI W/BAC >=0.15 charge?
The first weeks decide what’s possible — evidence preservation, bond terms, and early litigation posture. Criminal defense in Travis, Hays, Williamson, Bexar, and Bastrop counties is provided by Stephen T. Bowling, DWI & Criminal Defense Attorneys — former police officers who know how these cases are built. Free consultation, 24/7, flat-fee quote included.
General Texas legal information, not legal advice for your specific case. Enhancements, priors, and case facts change punishment exposure. Last reviewed July 2026.