Driving under the influence (DUI), called driving while intoxicated (DWI) in Texas, is a severe offense. Understanding what constitutes a high blood alcohol concentration (BAC) for a DUI is crucial for anyone who drives. According to the Texas Penal Code, the legal limit is a blood alcohol content (BAC) of 0.08%. However, a BAC of 0.15% or higher will significantly increase the severity of the consequences. Knowing the thresholds and penalties associated with different BAC levels can help you make informed decisions and avoid legal trouble. One of the highly skilled Texas DWI attorneys from Rosenthal Kalabus & Therrian can help.
What Is the BAC Limit for a DUI in Texas?
What a high BAC for a first-time DUI? The legal BAC limit for drivers over 21 in Texas is 0.08%. This means that if you’re driving, get stopped by law enforcement, and have a BAC of 0.08% or higher while operating a vehicle, you will be arrested for DWI. For drivers under the age of 21, any detectable amount of alcohol in their system can result in a DUI charge. These limits ensure drivers have the cognitive and motor skills to operate a vehicle safely.
According to the Texas Department of Transportation (TxDOT), there are over three deaths a day in Texas that are due to drunk driving. In 2022, 26% of all traffic-related deaths in Texas were the result of drunk driving. Based on a 2024 Forbes sober driving survey, more than five Texans are killed in drunk driving accidents for every 100,000 Texans. Driving while under the influence of alcohol can have catastrophic consequences.
Is a BAC of 0.15 High?
Is a DUI .15 or higher in Texas? A BAC of 0.15% is very high, nearly twice the legal limit in Texas. Is a BAC of .15 high? Yes, this level of intoxication can significantly impair someone’s ability to drive and increase the likelihood of accidents. A BAC this high leads to more severe DUI penalties after a traffic stop. At 0.15%, drivers are more likely to engage in dangerous behaviors, such as speeding or failing to maintain lane control.
Several factors influence BAC.
- Body Weight
- Sex
- Rate of Consumption
- Food Intake
Texas DUI Laws and Penalties
Texas law provides the following penalties for a driver who is charged with a DWI with a BAC between .08% and .15%. According to the Texas Penal Code, a DUI is a Class B misdemeanor. The penalties include:
- Jail time – Mandatory confinement of 72 hours up to 180 days
- Initial fine – Up to $2,000
- License suspension – Up to one year
What Are the Penalties for a High BAC DWI?
What are the penalties for a high BAC DUI? Penalties for a high BAC DWI in Texas are harsher than those for a standard DWI. Here are some of the potential consequences:
- Increased Fines – Under Texas law, DWI with a high BAC is a Class A misdemeanor. Fines can reach up to $,4000 for a first offense.
- Longer Jail Time – You may face longer jail sentences. A high BAC DWI can result in up to a year in jail.
- Extended License Suspension – Your license can be suspended for up to two years.
- Mandatory Alcohol Education Programs – You’ll be required to attend a DWI education class and a Victim Impact Panel class.
- Ignition Interlock Device – You may be required to install an ignition interlock device on your vehicle. This device requires you to pass a breathalyzer test before the car’s ignition will work. It ensures that you cannot drive while under the influence. The state may require that you use one for a year.
A high BAC DUI can have long-lasting consequences that affect various aspects of your life. A DUI conviction can impact your current job and future employment opportunities. A DUI also impacts your finances, personal relationships, and driving privileges. Understanding the impact of a high BAC DUI can influence you to make good choices concerning drinking and driving.
Defending Against a High BAC DUI
It’s essential to seek legal counsel immediately if you are charged with a DUI in Texas. An experienced DUI attorney can take on your case and build a strong defense for you. Some potential defenses against a high BAC DUI include:
- Challenging the Traffic Stop
- Questioning the Accuracy of the BAC Test
- Challenging whether the Text Was Given Correctly
- Questioning whether the Machine Was Functioning Correctly
- Examining Police Procedures
The Role of an Experienced DUI Attorney
Hiring an experienced DUI attorney is crucial if you are facing a high BAC DUI charge. An experienced attorney will carefully review the evidence against you. Evidence includes police reports, breathalyzer results, blood samples and chemical test results, and witness statements. The attorney will then identify any weaknesses in the prosecution’s case.
Next, an experienced DWI attorney can negotiate with prosecutors to reduce the charges or obtain a plea deal. This is much more likely if there are mitigating circumstances or weak evidence. Finally, if your case needs to go to trial, one of the experienced DWI attorneys from Rosenthal Kalabus & Therrian will represent you in court to present a strong defense on your behalf. They can also help you keep the DWI off your record.
Contact a Rosenthal Kalabus & Therrian Attorney Today
What does blowing a .15 mean? If you are arrested for driving and operating a motor vehicle under the influence, there may be criminal charges. The penalties for a DUI in Texas can be severe, even for a first-time offender. A conviction can result in significant fines, jail time, and a suspended license. A DUI can also significantly impact your personal and professional life just because of your alcohol consumption. You may lose your job, need help finding new employment, and face increased insurance rates.
Understanding what constitutes a high BAC for a DWI in Texas and the associated penalties is crucial for anyone who drives. Knowing the legal limits and the severe consequences of a high BAC DUI can help you make informed decisions and avoid legal trouble. If you are facing a high BAC DUI charge, seeking an experienced attorney’s legal representation can significantly impact your case’s outcome.
If you are facing a high BAC DUI charge, it is essential to contact an experienced DWI attorney as soon as possible. The seasoned McKinney DWI defense attorneys at Rosenthal Kalabus & Therrian can help you understand the charges against you and the potential penalties you face. Our team can also help you build a strong legal defense and negotiate with the prosecutor for a reduced sentence. Contact us online or call our law firm at (972) 369-0577 to learn how we can assist you with your DUI case.