Penal Code § 49.04(d) · Class A misdemeanor

DRIVING WHILE INTOXICATED BAC >= 0.15Texas Penal Code (PC) § 49.04(d)

“DRIVING WHILE INTOXICATED BAC >= 0.15” stands for Driving While Intoxicated BAC at least 0.15, a Class A misdemeanor under Texas Penal Code (PC) § 49.04(d). It is punishable by up to 1 year in county jail and a fine up to $4,000.

Below: how these cases end in Texas courts, how long they take, and the punishment.

25%
Not convicted
294 days
Median time to resolve
$2,500
Median bail

What does “DRIVING WHILE INTOXICATED BAC >= 0.15” mean?

“DRIVING WHILE INTOXICATED BAC >= 0.15” stands for Driving While Intoxicated BAC at least 0.15, a Class A misdemeanor under Texas PC § 49.04(d).

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.

What usually happens to a DRIVING WHILE INTOXICATED BAC >= 0.15 charge?

25% ended without a conviction, 2% in deferred adjudication and 72% in a conviction.

How 21,221 resolved DRIVING WHILE INTOXICATED BAC >= 0.15 charges filed 2019–2023 ended, across 15 counties (Bastrop, Bell, Brazoria, Collin, Comal, Dallas, Denton, FortBend, Galveston, Harris, Hays, Montgomery, Rockwall, Travis, Williamson):

25%
Not convicted (5,257)
Dismissed by the prosecutor24%
Dismissed after a diversion program0%
Dismissed, but convicted on a companion charge0%
Dismissed — refiled or handled in another case0%
No-billed by the grand jury0%
Acquitted at trial0%
2%
Deferred adjudication (353)
Deferred adjudication2%
72%
Convicted (15,359)
Guilty or no-contest plea68%
Plea to a lesser charge1%
Found guilty at trial0%
Convicted (plea vs. trial not recorded)2%
CountyResolvedNot convictedDeferredConvictedMedian days
Harris8,623 44%0%55% 437
Collin4,100 3%1%96% 146
Denton3,019 3%0%97% 182
Hays1,103 10%10%80% 392
FortBend889 39%1%60% 476
Williamson782 54%1%45% 516
Dallas654 8%8%84% 227
Galveston569 14%7%44% 316
Comal516 6%0%94% 245
Brazoria358 17%8%75% 282
Travis238 50%9%32% 504
Rockwall185 2%2%97% 163

Outcome is the final disposition recorded on the charge. “Other” (252) covers waived counts, bond forfeitures, transfers and unrecorded outcomes. Bexar County records disposition dates but not outcomes, so it counts toward time-to-disposition only. Tarrant County criminal records are not in this dataset.

How long does a DRIVING WHILE INTOXICATED BAC >= 0.15 case take to resolve?

Typically about 10 months: half of resolved cases closed within 294 days of filing.

Across 21,219 resolved DRIVING WHILE INTOXICATED BAC >= 0.15 charges filed 2019–2023, the median time from filing to disposition was 294 days. The middle half took between 156 and 533 days.

Time depends on the county's docket, whether the case is set for trial, and plea negotiations.

How did real DRIVING WHILE INTOXICATED BAC >= 0.15 cases end?

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

25-CCR-246351 · FortBend County
Filed Oct 14, 2025 → Dismissed by the prosecutor Aug 25, 2026 (10 months) · plea: not guilty
Dismissed
24-04782-3 · Williamson County
Filed Sep 27, 2024 → Dismissed by the prosecutor Aug 24, 2026 (23 months)
Dismissed - Other
263275401010 · Harris County
Filed Aug 1, 2026 → Dismissed by the prosecutor Aug 24, 2026 (1 month)
DISMISSED
CR-2024-03747-E · Denton County
Filed Jun 4, 2024 → Dismissed by the prosecutor Aug 20, 2026 (27 months)
Dismissed

Deferred adjudication

CR-2026-01517-E · Denton County
Filed Mar 12, 2026 → Deferred adjudication Aug 25, 2026 (5 months) · plea: nolo contendere
CSCD 15 Months with Community Service of 40 Hours
60,730 · Bastrop County
Filed Oct 10, 2025 → Deferred adjudication Aug 20, 2026 (10 months) · plea: nolo contendere
Deferred
25-06806-3 · Williamson County
Filed Nov 18, 2025 → Deferred adjudication Aug 14, 2026 (9 months) · plea: guilty
CSCD 15 Months with Community Service of 30 Hours Fees - Adult: (Grand Total: $625.00) Due 08/14/2026 Fine: $200.00 Fees: (Fees Total: $425.00) Additional Court Costs: $425.00 Comment: Mandatory Fine: $100 / Court Costs:
25-CCR-245838A · FortBend County
Filed May 1, 2026 → Deferred adjudication Jul 31, 2026 (3 months) · plea: guilty

Ended in a conviction

C-1-CR-26-203539 · Travis County
Filed Mar 26, 2026 → Guilty or no-contest plea Sep 4, 2026 (5 months) · plea: nolo contendere
JAIL TIME AND/OR FINE AND COURT COST
196750601010 · Harris County
Filed Jun 8, 2026 → Convicted (plea vs. trial not recorded) Aug 28, 2026 (3 months)
PROBATION
2026CR0645 · Comal County
Filed Jun 8, 2026 → Guilty or no-contest plea Aug 26, 2026 (3 months) · plea: guilty
Confinement to Commence 08/26/2026 365 Days , Comal County Supervision, Comal County Community Supervison Suspended 365 Days CSCD 16 Months with Community Service of 48 Hours DIC-17: DWI Required 08/26/2026 Provisions (S
CR-2026-02449-C · Denton County
Filed Apr 16, 2026 → Guilty or no-contest plea Aug 26, 2026 (4 months) · plea: nolo contendere
DIC-17: Begins 08/26/2026 , Ends 08/26/2027

What is the punishment for Driving While Intoxicated BAC at least 0.15 in Texas?

Up to 1 year in county jail and a fine up to $4,000.

Charged asPossible confinementFineSource
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.

How much is bail for DRIVING WHILE INTOXICATED BAC >= 0.15 in Texas?

The median bail is $2,500, and 17% of defendants were released on a personal bond.

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.

CountyRecordsMedian cash bailMiddle halfPersonal bondDenied
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.

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Bail 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.