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.
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):
| County | Resolved | Not convicted | Deferred | Convicted | Median days |
|---|---|---|---|---|---|
| Harris | 8,623 | 44% | 0% | 55% | 437 |
| Collin | 4,100 | 3% | 1% | 96% | 146 |
| Denton | 3,019 | 3% | 0% | 97% | 182 |
| Hays | 1,103 | 10% | 10% | 80% | 392 |
| FortBend | 889 | 39% | 1% | 60% | 476 |
| Williamson | 782 | 54% | 1% | 45% | 516 |
| Dallas | 654 | 8% | 8% | 84% | 227 |
| Galveston | 569 | 14% | 7% | 44% | 316 |
| Comal | 516 | 6% | 0% | 94% | 245 |
| Brazoria | 358 | 17% | 8% | 75% | 282 |
| Travis | 238 | 50% | 9% | 32% | 504 |
| Rockwall | 185 | 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
Deferred adjudication
Ended in a conviction
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 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.
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.
| 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.
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.