Is a DWI with a BAC of 0.15 or higher a felony in Fort Worth?

Usually, no. A first DWI supported by a qualifying BAC of 0.15 or higher is generally a Class A misdemeanor. Felony exposure may arise from separate facts, such as qualifying prior intoxication convictions, a child passenger, serious bodily injury, death, or another felony enhancement.

Can a 0.15 DWI charge be reduced or dismissed in Tarrant County?

Yes, it may be possible. However, it depends on the evidence and procedural history. Prosecutors and courts are not required to reduce a charge simply because it's a first offense.

Can you receive probation for a DWI with a BAC of 0.15 or higher?

Yes, but it depends on your eligibility. A person charged with a Class A high-BAC DWI may still be eligible for community supervision, depending on the charge, criminal history, case resolution, and court.

Is the Tarrant County DWI Court available for a high-BAC DWI?

Possibly. In Tarrant County, DWI with a BAC of 0.15 or higher is one of the primary offenses accepted into its Misdemeanor DWI Court Program . However, applicants must meet both legal and clinical requirements.

Does GERD automatically invalidate a breath test?

No. GERD, acid reflux, or another digestive condition does not automatically make a breath result inadmissible or unreliable. The condition may be relevant if evidence shows that regurgitation, belching, vomiting, or residual mouth alcohol could have affected the sample.

Fort Worth DWI With a BAC of .15% or Higher Lawyer

DWI With 0.15 BAC

If you're charged with a first DWI with a BAC of 0.15 or higher in Fort Worth, the penalties are more serious than for a standard first DWI. Michael & Associates' Tarrant County DWI lawyers can review the stop, testing process, and other evidence to help you challenge the case.

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A first DWI with a blood alcohol concentration (BAC) of 0.15% or higher can be charged as a Class A misdemeanor under Texas Penal Code § 49.04(d). A conviction carries harsher penalties than a standard first DWI, including a criminal fine of up to $4,000 and up to a year in county jail.

Apart from the possible jail exposure and criminal fine, the penalties for a first-offense DWI with a 0.15 BAC may also include:

Driver's license suspension
Mandatory installation of an ignition interlock device
A separate state traffic fine of up to $6,000

Fort Worth DWI with a BAC of 0.15 Attorney

A BAC of 0.15 or higher increases potential penalties for a first DWI, but the prosecution still must prove the test result is reliable and establish the elements of the charge.

Michael & Associates Criminal Defense Attorneys can help review whether the evidence supports the high-BAC charge and examine the reliability of the chemical test and testing procedures.

Of the DWI cases with a BAC of 0.15 we resolved in 2025, internal case records show 13.9% were dismissed, 32.5% had charges reduced, and 35.8% received probation. Our Fort Worth DWI defense team is led by Zach Redington, who has over 20 years of experience defending DWI and other criminal cases in state and federal court.

We can also address the separate Administrative License Revocation (ALR) case, occupational driver's license options, bond conditions, court appearances, and other proceedings that may arise soon after the arrest.

How Does a BAC of 0.15 Change a First DWI Charge in Fort Worth?

Texas Penal Code § 49.04 defines driving while intoxicated (DWI) as operating a motor vehicle in a public place while intoxicated.

Under Texas Penal Code § 49.01, intoxication can be either:

Having a BAC of 0.08 or higher, or
Losing the normal use of mental or physical faculties because of alcohol, drugs, medication, another substance, or a combination of substances.

A standard first DWI is a Class B misdemeanor. But Texas Penal Code § 49.04(d) states that if a person's blood, breath, or urine analysis shows a BAC of 0.15 or higher at the time of testing, the offense is elevated to a Class A misdemeanor.

For a standard second DWI, which is usually a Class A misdemeanor, a BAC of 0.15 or higher will not raise the charge. A high BAC result also won't increase the charge for a regular third or subsequent DWI, which is usually a third-degree felony.

Here's a quick comparison of the potential consequences for a standard first DWI and a first DWI with a BAC of 0.15% or higher:

Possible Consequence	Standard First DWI	First DWI With a BAC of 0.15
Offense level	Class B misdemeanor	Class A misdemeanor
Maximum confinement	180 days	One year
Maximum criminal fine	Up to $2,000	Up to $4,000
Ignition interlock device	The court may require it	Under Texas Code of Criminal Procedure Article 42A.408(c), it's mandatory as a condition of community supervision if the required BAC finding is established at trial.
Separate state traffic fine	Generally $3,000 for a first qualifying conviction within 36 months	$6,000 if the required BAC finding is established at trial (the court must waive the fine if it finds the person indigent).

Note: The actual punishment depends on the charge and facts of the case. Prior convictions, a child passenger, serious bodily injury, death, or other aggravating circumstances can further elevate the offense level and carry more serious punishments.

What Happens to Your License After a High-BAC DWI Arrest?

As if the criminal DWI case is not enough, you may also face a separate driver's license case after a high-BAC DWI arrest. A breath or blood test result showing a BAC of 0.15 or higher exceeds the 0.08 threshold that can trigger an Administrative License Revocation (ALR) suspension for a non-commercial driver.

This license proceeding is separate from your criminal DWI case in Tarrant County. It's usually triggered by either refusing or failing a breath or blood test.

In a high-BAC DWI case where the person did a breath test or refused to give a specimen, the officer issues a Notice of Suspension (Form DIC-25) at the time of arrest. But in blood test cases, the notice may be issued later after the Texas Department of Public Safety (DPS) receives the results.

The DIC-25 notice explains the suspension and how to request an ALR hearing. It can also serve as a temporary driving permit for 40 days from the notice date.

Don't worry, you can still challenge your license suspension case. But you have to act quickly. In most cases, you must submit the ALR hearing request within 15 days after the notice is served. Missing that deadline can result in denied hearing requests. Then, the suspension will take effect without a hearing.

For an adult driver, an ALR suspension generally lasts 90 days for a first failed test suspension and one year for a second failed test suspension.

For refusal cases, the license suspension is 180 days if you have no qualifying enforcement contact during the previous 10 years. But if you have one or more qualifying contacts during the last 10 years, the suspension is 2 years.

Important: Ask your lawyer if you qualify for an occupational driver's license. It's a limited court order that may allow essential non-commercial driving during a license suspension.

Other Consequences of a High-BAC DWI Conviction

Apart from the criminal penalties and possible license consequences, a high-BAC DWI conviction can affect other areas of your life, such as:

Employment background checks
Increase in auto insurance premiums
Difficulty obtaining auto insurance coverage
Commercial driver's license (CDL) disqualification
Commercial driving restrictions
Possible security clearance or suitability reviews
Immigration consequences, depending on your status and circumstances
Publicly accessible criminal court records

The consequences vary by individual circumstances. So, if you hold a professional license or CDL, have an immigration concern, have a security clearance, serve in the military, or have a prior criminal record, you may need advice tailored to your specific situation.

Real World DWI With 0.15 BAC Case Outcome

Charge: DWI (BAC Over .15)

Location: Tarrant County, CCC8

Arrest: Police investigated our client for DWI on airport property after their car hit a barrier near a toll plaza. A later breath test over 0.15 led to an enhanced DWI charge.

Defense: We gathered and analyzed the police reports, video evidence, and breathalyzer records to present a mitigation package.

Client action: The client proactively completed DWI education, a substance-use evaluation, a victim impact panel, AA meetings, and interlock requirements.

Result: The state agreed to drop the enhancement, reduce the charge, and grant probation.

Note: Past results do not guarantee or predict a similar outcome in any future case.

Helpful Fort Worth DWI Resources

Tarrant County Criminal Courts: Here, you'll find information on the 10 misdemeanor courts that handle Class A and Class B cases at the Tim Curry Criminal Justice Center.
Administrative License Revocation Program: This explains DWI test refusal and failure suspensions, the 15-day hearing deadline, and how you can request a hearing.
SOAH Driver's License Hearing Forms and Guide: The State Office of Administrative Hearings provides important guidelines, ALR forms, filing instructions, subpoena information, and hearing schedules.
Tarrant County Occupational Driver's License Materials: This page provides local petition instructions, filing information, occupational license forms, and a list of the required documents.

Speak With a Fort Worth DWI Lawyer About a 0.15 BAC Case

A BAC of 0.15% or higher can increase the penalties of a first DWI. However, the test result must still be supported by admissible evidence.

Ryan Eady, one of our DWI attorneys in Fort Worth, is a Board-Certified specialist in Criminal Law and former First Assistant District Attorney and Chief Felony Prosecutor. His prosecution experience can help evaluate how the State may use a high BAC result to support enhanced DWI penalties.

Additionally, our statewide DWI defense team includes Janie Martin, an ACS-CHAL Lawyer-Scientist with advanced training in blood, breath, and other forensic evidence.

We prepare high-BAC DWI cases with trial in mind, and our internal 2025 data shows a 63.6% win rate in DWI jury trials, based on acquittals, dismissals, and directed verdicts.

Frequently Asked Questions