DRIVING WHILE INTOXICATED BAC >= 0.15
Driving While Intoxicated BAC at least 0.15 in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “DRIVING WHILE INTOXICATED BAC >= 0.15” means
Driving while intoxicated with an alcohol concentration of 0.15 or more, Texas Penal Code § 49.04(d), begins with the same elements as ordinary driving while intoxicated: the person was intoxicated — lacking the normal use of mental or physical faculties because of alcohol, drugs, or other substances introduced into the body, or having an alcohol concentration of 0.08 or more — while operating a motor vehicle in a public place. Subsection (d) adds one aggravating element: it must be shown at trial 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. Notably, the 0.15 threshold attaches to the time of testing rather than the time of driving. That showing raises the offense from a Class B to a Class A misdemeanor and distinguishes it from a baseline first-offense filing.
| Charged as | Possible confinement | Fine | Source |
|---|---|---|---|
| Class A misdemeanor | Up to 1 year in county jail | Fine up to $4,000 | Penal Code § 12.21 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for DRIVING WHILE INTOXICATED BAC >= 0.15 in Texas
Across 37,283 Texas bail settings for this charge (96 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $2,500 (middle half: $1,500 – $4,500). 17% of defendants were released on a personal bond, and bail was denied in 875 cases. When this was the only charge at booking (26,224 records), the median was $2,500 and 21% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Bexar | 4,272 | $1,500 | $1,500 – $2,500 | 17% | 2% |
| Tarrant | 3,389 | $1,000 | $750 – $2,000 | 24% | 2% |
| Travis | 3,141 | $4,000 | $3,000 – $5,000 | 54% | 0% |
| El Paso | 3,080 | $3,000 | $1,500 – $6,000 | 6% | 3% |
| Harris | 1,595 | $2,500 | $500 – $5,000 | 55% | 0% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
How real DRIVING WHILE INTOXICATED BAC >= 0.15 cases ended
Individual cases from the public court record, with the disposition and sentence text exactly as the clerk entered it. Every case is decided on its own facts.
Ended without a conviction
Deferred adjudication
Ended in a conviction
Related charges
Charged with DRIVING WHILE INTOXICATED BAC >= 0.15?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.