If I take a breath and/or blood test and the alcohol concentration (BAC) is .15 OR MORE, what are the ramifications?

If submit to a DWI blood test or breath test and your alcohol concentration (BAC) comes back as 0.15 or higher, your charge can be enhanced from a DWI class B misdemeanor to a DWI class A misdemeanor, which may carry conviction penalties similar to a DWI 2nd. A class A misdemeanor may result in 30 days to 1 year in jail and a fine up to $4,000.

DWI Blood Test and Surcharge

Furthermore, as a result of conviction, Texas will assert a mandatory annual surcharge fee to be paid to the Texas Department of Public Safety (DPS). This fee will be paid for a period of 3 years as a condition of maintaining a driver’s license.


  • DWI First Offense – $1,000 Annual Surcharge ($3,000 Total)
  • DWI Second Or Subsequent Conviction Within A 3-Year Period – $1,500 Annual Surcharge ($4,500 Total)
  • DWI With A BAC 0.15 Or More (First Or Subsequent Conviction Within A 3-Year Period) – $2,000 Annual Surcharge ($6,000 Total)


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