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Driving while intoxicated (DWI), also known as driving under the influence (DUI) in many states, is a serious crime. Drivers who are intoxicated have slowed reaction time and are a danger to themselves and everyone on the road.
Texas has enhanced DWI penalties for anyone who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.15 or higher.
If you are accused of DWI or drunk driving with a BAC of 0.15 or more anywhere in Texas, seek competent legal help immediately. Without proper DWI Defense for Over 0.15 BAC in San Antonio, you could lose your license, face costly fines, and possibly wind up in jail.
At Austin Hagee Law Firm, PLLC, our San Antonio DWI defense lawyers have extensive experience fighting for clients just like you.
After reviewing the details of your arrest, we may be able to poke holes in the prosecution’s case, which could lead to a dismissal or reduced charges.
How Many Drinks Cause a BAC of 0.15?
The number of drinks it takes for your BAC to reach 0.15 depends on many factors, such as your weight, gender, rate of consumption, and how much food is in your stomach.
Further, the type of alcohol you’re drinking also matters a lot: a can of beer might be 4.5%, while an equal volume of wine may be 12%.
Here is a rough estimate of how many drinks it takes for men and women to acquire a BAC of 0.15:
- 220-240 lbs: 9-10 drinks
- 180-200 lbs: 7-8 drinks
- 140-160 lbs: 5-6 drinks
- 100-120 lbs: 4-5 drinks
- 220-240 lbs: 7-8 drinks
- 180-200 lbs: 6-7 drinks
- 140-160 lbs: 4-5 drinks
- 100-120 lbs: 3-4 drinks
This is not an accurate calculator for your BAC. Never drink and drive. Consult a knowledgeable defense lawyer if police arrest you for any type of DWI in Texas.
Pulled over for a BAC over 0.15 San Antonio, Texas
Depending on your BAC, when police stop you, you may be charged with a Class B or Class A misdemeanor.
According to Texas Penal Code, Title 1, Chapter 49.0, “If it is shown on the trial of an offense under this section that an analysis of a specimen of the person’s blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.”
A regular DWI where your BAC is between 0.08 – 0.15 is a Class B misdemeanor. Law enforcement may use field sobriety tests, chemical tests, breath tests, blood tests, or urine tests to determine your BAC.
Also, Texas has an implied consent law which means you have the right to refuse a breath test, but doing so will result in an automatic license suspension.
If you refuse the breath test, you may request an administrative license revocation (ALR) hearing, where you and your legal counsel may challenge your license revocation. ALR hearings must be requested within 15 days of your arrest.
Penalties for BAC of 0.15 or more
When determining your sentencing for driving with a BAC of 0.15 or more, the judge will look at your record to determine if you have prior DWI or other criminal convictions.
If it is your first DWI offense, your BAC is below 0.15, and you have a clean record, you will probably be charged with a Class B misdemeanor punishable by 72 hours and 180 days in jail fines of up to $2,000.
The penalties for a first DWI are enhanced if your BAC is 0.15 or higher. In this situation, you will likely be charged with a Class A misdemeanor punishable by between 30 days and one year in jail, a fine up to $4,000, and a license suspension for up to two years.
In addition to serious penalties and fines, a DWI conviction with a BAC of 0.15 or more can have drastic repercussions on nearly every aspect of your life.
You may suffer the following consequences as a result of your DWI conviction in San Antonio:
- Trouble obtaining housing,
- Difficulty obtaining college admission,
- Trouble obtaining employment,
- Loss of driving privileges, and
- Loss of professional licenses.
In Texas, DWIs are life-altering. If you or someone you love is arrested for any type of DWI, you must retain competent counsel. Without a skilled attorney, you risk losing your freedom and your privilege to drive.
Hire a DWI Defense Lawyer for Over 0.15 BAC
A high BAC DWI is no joke in the Lone Star state. In fact, if convicted, you face enhanced penalties similar to a second DWI. At Austin Hagee Law Firm, PLLC, we have vast experience helping Texans defend against DWI charges.
Whether you are arrested for an open container, driving while intoxicated, or having a BAC of 0.15 or higher, we are ready to help you build a strong defense.
Call 210-500-3700 or contact us online to schedule a free consultation to speak to a knowledgeable DWI defense attorney today. Payment plans are available.