Getting hit with a DWI charge is bad enough, but when that breathalyzer flashes 0.15 or higher, everything gets worse — fast. In Texas, crossing that 0.15 BAC threshold turns a standard DWI into what prosecutors love to call an “enhanced” charge. And trust us, there’s nothing enhanced about the headaches, costs, and consequences you’re about to face.
Do you really need a lawyer for a DWI BAC 0.15 in Texas? Without question. When you’re facing a 0.15 BAC DWI charge in Texas, you’re staring down the possibility of jail time, doubled fines, mandatory ignition interlock devices, and potentially harsher probation terms than a standard DWI. The legal alcohol limit in Texas is 0.08%, and prosecutors see that 0.15 (nearly twice the Texas legal alcohol level) as proof you were exceptionally dangerous on the road. They won’t hesitate to push for maximum penalties, and without an experienced DWI attorney in Houston, you’re walking into court with a massive target on your back.
At Thiessen Law Firm, Mark Thiessen has fought and won cases with BAC levels far higher than 0.15 (just look at our case results), often in seemingly hopeless situations when the evidence was stacked against our clients. Call us today at (713) 864-9000 and let us start building your defense immediately.
What does a 0.15 BAC mean in Texas?
So, is 0.15% BAC high? You better believe it. At 0.15 BAC, most people are experiencing significant impairment — we’re talking slurred speech, compromised coordination, impaired judgment, and even memory blackouts. This isn’t the “one beer with dinner” territory — it’s firmly in the “I probably shouldn’t be making important decisions right now” zone.
Let’s be clear: there’s nothing inherently criminal about having a 0.15 BAC if you’re relaxing at home or being responsible in the back of an Uber. The problem comes when you decide to get behind the wheel. At that level, you’re not just slightly over the legal limit of 0.08% — you’re nearly double it. And in the eyes of Texas law, that doesn’t just make you intoxicated, it makes you dangerous.
5 Reasons you need a lawyer for a DWI BAC 0.15
Here’s why hiring a specialized DWI attorney isn’t just recommended, it’s absolutely essential:
1. You’re facing Class A misdemeanor penalties — at least
So, what happens if a DWI has a BAC over .15 in Texas? Once your breath or blood test shows that 0.15+ reading, Texas law automatically bumps your charge at least from a Class B to a Class A misdemeanor — and the consequences get significantly steeper. Unlike a standard DWI first offense in Texas, you’re now facing:
- Jail time: Up to one year
- Initial fine: Up to $4,000
- Annual surcharge: P to $2,000 per year for up to 3 years
- Ignition interlock device: Installed for up to one year
- License suspension: Up to one year
The harsh reality is that judges and prosecutors treat these cases differently right from the start, often requiring more intensive alcohol education programs, longer probation terms, and stricter monitoring requirements that will disrupt your life for years to come. That’s why these cases demand specialized defense strategies — strategies Thiessen Law Firm has honed over thousands of cases.
Continue reading: Is a DWI a felony in Texas?
2. The science is complicated but attackable
The DWI Texas penal code (Section 49.04) makes it clear that intoxication can be proven in two ways:
- Loss of normal mental or physical faculties, or;
- Having a blood alcohol content in Texas of 0.08 or higher.
But here’s what most people don’t realize: breath and blood testing isn’t nearly as reliable as prosecutors want jurors to believe. Blood tests can be contaminated, elevated in storage, or be drawn by unqualified personnel. Breathalyzers can be affected by dozens of factors including mouth alcohol, certain medical conditions, and even the radio frequency interference from police equipment. A specialized DWI attorney knows exactly how to identify and expose these weaknesses, potentially getting your test results thrown out entirely.
3. Prosecutors are gunning for maximum penalties
When prosecuting different types of DWI in Texas, nothing gets a prosecutor’s attention like a high BAC case. They view these charges as easy wins and opportunities to look “tough on crime.” They’ll push hard for maximum jail time, refuse reasonable plea deals, and fight tooth and nail against any attempt to secure DWI deferred adjudication in Texas (which is now possible for some first-time offenders thanks to recent changes in Texas law).
Without an experienced attorney who specializes in high BAC cases and has established relationships with local prosecutors, you’re walking into court with virtually no negotiating power and facing an uphill battle at every turn.
4. The collateral consequences are devastating
While a standard first DWI is rarely considered an aggravated DWI in Texas, a charge for DWI with 0.15 BAC or higher is an aggravated charge, and the consequences can be a lot more than aggravating. Beyond the immediate legal penalties, your car insurance rates could triple or quadruple. You might be disqualified from certain jobs or professional licenses. Even traveling to some countries becomes impossible with this on your record.
A skilled DWI attorney doesn’t just fight the criminal charge — they help you navigate these collateral consequences, potentially saving you tens of thousands of dollars and countless opportunities over your lifetime.
5. There are defense options you don’t know about
A specialized DWI attorney knows how to prevent further charge escalations and has defense strategies most people (and many general practice attorneys) have never heard of. From challenging the initial traffic stop to questioning the field sobriety tests to undermining the scientific validity of your BAC reading, there are dozens of potential defenses that only an experienced DWI lawyer will identify and execute effectively.
At Thiessen Law Firm, we’ve gotten cases thrown out because officers didn’t maintain proper
observation periods, because breathalyzer operators weren’t properly certified, and because blood samples were mishandled. What looks like an open-and-shut case to you might have serious flaws that could lead to dismissal — but only if you have someone who knows exactly what to look for.
DWI BAC 0.15 in Texas — FAQs
How bad is .15 alcohol level?
There’s nothing inherently wrong with reaching this level if you’re relaxing at home, having a good time with friends, or safely using rideshare — the problem only arises when Texas law enforcement gets involved during a traffic stop. Even if you subjectively felt “fine to drive,” your body’s ability to perceive and respond to road hazards would be objectively diminished by 30 – 40% compared to your sober state.
How many drinks is 0.15 BAC?
How many drinks it takes to reach a 0.15% BAC depends on your weight, gender, drinking pace, food intake, and the type and size of the drinks you’ve had — “one drink” is usually a 12oz beer (4.5% ABV), a 5oz glass of wine (12% ABV), or a 1.5oz pour of liquor (40% ABV).
All of that said here’s a very rough estimate of when you can expect to hit a 0.15 BAC level on any given night out:
| Weight | Men | Women |
| 100 – 120 pounds | 3 – 5 drinks | 3 – 5 drinks |
| 140 – 160 pounds | 4 – 6 drinks | 4 – 6 drinks |
| 180 – 200 pounds | 6 – 8 drinks | 6 – 8 drinks |
| 220 – 240 pounds | 7 – 10 drinks | 7 – 9 drinks |
How do I beat a DWI BAC 0.15 charge in Texas?
If you’ve been pulled over for a suspected DWI, your fight to defend yourself starts before the officer can even ask “do you know why I pulled you over?” So, there are two things to keep in mind:
- Stay silent: Provide only your license and insurance. Don’t volunteer extra information — your defense starts the moment you’re pulled over.
- Think before you blow: Generally, we advise that you “blow before you bleed,” since breathalyzers are often flawed and easier to challenge in court. But, if you suspect your BAC is 0.15 or higher, refusing the breath test and opting for a blood test may buy time for your BAC to drop (the body reduces BAC by ~0.02 per hour).
If charged, especially with a high BAC (0.15+), find a lawyer experienced in serious DWI cases — including intoxication manslaughter and repeat offenses. This added experience is something you’ll need if you’re facing a class A misdemeanor due to that higher BAC level.
Facing a DWI charge with a 0.15 alcohol level in Texas?
The first thing to realize when it comes to DWI BAC 0.15 charges in Houston is that you do have a path that leads to beating your DWI charges, even if you had a 0.15 BAC or higher. The worst mistake you can make is to assume the charges aren’t worth fighting, and give up before you even get started.
Here at Thiessen Law Firm, we know how to beat a DWI. We are home to triple board-certified DWI defense attorney Mark Thiessen, who has successfully won more than 125 Not Guilty verdicts and thousands of dismissals for clients facing tough charges like yours.
If you’re ready to overcome a DWI charge involving a 0.15 alcohol level in Texas, we can help. Give us a call at (713) 864-9000 or fill out our online form to get started.
More Helpful Articles by Thiessen Law Firm:
- How to Get a DWI Dismissed in Texas
- Rights During a Traffic Stop Police Don’t Want You to Know
- Understanding DWI Car Insurance in Texas
- What is Criminally Negligent Homicide?
- How Do the Texas Assault Laws Work?
