830.213.2879 830.423.5860 713.597.2086

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.

    1. DWI first offense – $1,000 annual surcharge ($3,000 total)
    2. DWI second or subsequent conviction within a 3-year period – $1,500 annual surcharge ($4,500 total)
    3. DWI with a BAC 0.15 or more (first or subsequent conviction within a 3-year period) – $2,000 annual surcharge ($6,000 total)