Penal Code § 49.04(d) · Class A misdemeanor

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.

$2,500
Median cash bail
17%
Released on personal bond
37,283
Bail records

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 asShare of bail recordsPossible confinementFineSource
Class A misdemeanor100% 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.

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.

Recent DRIVING WHILE INTOXICATED BAC >= 0.15 cases

CaseCountyFiledDisposedOutcome
196750601010HarrisJun 8, 2026Aug 28, 2026Convicted (plea vs. trial not recorded)
CR-2026-02449-CDentonApr 16, 2026Aug 26, 2026Guilty or no-contest plea
2026CR0645ComalJun 8, 2026Aug 26, 2026Guilty or no-contest plea
196320201010HarrisMay 7, 2026Aug 26, 2026Convicted (plea vs. trial not recorded)
CR-2026-01503-CDentonMar 12, 2026Aug 26, 2026Guilty or no-contest plea
CR-2026-01517-EDentonMar 12, 2026Aug 25, 2026Deferred adjudication
2026CR0357ComalMar 24, 2026Aug 25, 2026Guilty or no-contest plea
CR-2026-02816-DDentonApr 30, 2026Aug 25, 2026Guilty or no-contest plea
25-CCR-247686FortBendJan 6, 2026Aug 25, 2026Guilty or no-contest plea
CR-2026-02531-DDentonApr 21, 2026Aug 25, 2026Guilty or no-contest plea

Charged with DRIVING WHILE INTOXICATED BAC >= 0.15?

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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.