A first DWI in Texas is normally a Class B misdemeanor. But if a breath or blood test shows an alcohol concentration of .15 or higher, the same arrest becomes a Class A misdemeanor — with a higher punishment range, a bigger fine, a required ignition interlock on probation, and fewer ways to keep it off your record.
In Collin County, .15 cases are very common, and most of them involve a blood test. That creates a twist many people don’t see coming: you’re arrested for a Class B DWI, and months later — when the blood result comes back — the case is filed as a Class A. Here’s how that works, what changes at .15, and how I handle these cases.
First DWI Penalties: Class B vs. Class A
First DWI Under .15
72 hours to 180 days in county jail and a fine of up to $2,000. Deferred adjudication may be available.
First DWI at .15 or Higher
Up to one year in county jail and a fine of up to $4,000. Deferred adjudication isn’t available, and an ignition interlock is required on probation.
Either way, probation is usually available on a first DWI — and in my experience, jail time isn’t common on a first .15. What changes is everything that comes with it.
Why a .15 Charge Often Shows Up Months After the Arrest
On the night of a blood-test arrest, nobody knows the number yet. The officer arrests for DWI, the blood goes to the lab, and the case starts out as a Class B. When the result comes back — often months later — and it’s .15 or higher, the State files the case as a Class A.
The bond can change along with it. The law doesn’t require an ignition interlock as a bond condition on a first DWI, even at .15. But in my experience, Collin County magistrates usually order one once they know the result is .15 or higher:
- Breath test: the number is known right away, so the interlock is usually ordered at the first bond hearing.
- Blood test: the interlock usually gets added later, after the result comes back.
What Changes at .15 or Higher
- A higher punishment range. Up to one year in jail and a $4,000 fine, instead of 180 days and $2,000.
- A bigger state fine. On top of the fine in the sentence, a DWI conviction carries a separate state fine — $3,000 for a regular first DWI, but $6,000 when the result is .15 or higher. The court has to waive it if the person is indigent.
- No deferred adjudication. Deferred adjudication — the outcome that avoids a final conviction — is available on some first DWIs, but not when the result is .15 or higher.
- A required ignition interlock on probation. If the case ends in probation, the judge has to order an interlock for at least half of the probation term.
- Longer probation. In my experience, probation on a .15 usually runs somewhere around 15 to 24 months.
- No sealing. A first DWI conviction can sometimes be sealed through an order of nondisclosure — but not when it was a .15. If the case is reduced to a regular Class B DWI, sealing may be back on the table.
What Doesn’t Change: Your License After the Arrest
The license case after a DWI arrest works the same whether the result was .09 or .25. It’s a separate civil case handled by DPS, and you have a short window to request a hearing to fight the suspension.
In a blood case, there’s no suspension notice the night of the arrest. DPS mails it after the result comes back, and you have 20 days from the date it was mailed to request a hearing. I’ve written about how that works — and why I request the hearing in almost every case — in my post on the ALR hearing deadline.
How .15 Cases End in Collin County
Getting a .15 case reduced to a regular Class B DWI is possible in Collin County. How realistic it is depends mostly on how far over .15 the result is. A .17 has a decent chance. A .31 is much less likely. Other things matter too — whether the person was cooperative with the police, whether there was an accident, and the rest of the facts.
A reduction matters because it takes the .15 consequences off the table: the punishment range drops back to Class B, the state fine drops to $3,000, and deferred adjudication and sealing can become possible again.
One option that isn’t available: Collin County doesn’t allow pretrial diversion for any DWI offense, including a .15.
The .15 Is Based on the Test, Not the Driving
The .15 enhancement is based on what the analysis of the breath or blood sample showed at the time it was tested — not what your alcohol level was at the moment you were driving. That’s why arguments about alcohol still being absorbed after you stopped driving usually don’t make the .15 itself go away.
The timing still matters to the main question in any DWI — whether the State can prove you were intoxicated while you were driving. But it’s the test result that decides whether the case is a Class A.
How I Handle a .15 DWI Case
- The blood evidence. I look at who drew the blood, how it was stored and handled, and how the lab tested it. In rare cases — usually when a client is certain the State’s number can’t be right — I have the blood independently retested.
- The stop and the arrest. I look at whether the officer had a legal reason to stop the car and whether the arrest and everything that followed were done properly.
- The license. In a blood case, I have my client let me know as soon as the DPS notice arrives, so the hearing gets requested in time.
- The reduction. Because a reduction to Class B changes so much — the fine, deferred adjudication, sealing — I look at every fact that supports it, from how close the result is to .15 to how the person dealt with the officer.
- The outcome. I’ll tell you straight what I see in your case and what your realistic options are.
Frequently Asked Questions About a .15 DWI in Texas
What happens if your BAC is over .15 in Texas?
On a first DWI, a breath or blood result of .15 or higher makes the charge a Class A misdemeanor instead of a Class B. That means up to one year in jail and a $4,000 fine, a $6,000 state fine on conviction instead of $3,000, a required ignition interlock on probation, and no deferred adjudication.
Is a .15 DWI a felony in Texas?
No. A first DWI with a result of .15 or higher is a Class A misdemeanor. A DWI becomes a felony in other situations — such as a third DWI or having a passenger younger than 15 in the car.
Why was my DWI changed to a Class A months after my arrest?
That usually happens in blood-test cases. On the night of the arrest, nobody knows the result, so the case starts as a Class B. When the lab result comes back at .15 or higher, the State files the case as a Class A.
Can a .15 DWI be reduced to a Class B?
It’s possible. It depends mostly on how far over .15 the result is, along with other facts like whether the person was cooperative with the police and whether there was an accident.
Can I get deferred adjudication on a .15 DWI?
No. Deferred adjudication isn’t available on a DWI when the result is .15 or higher. If the case is reduced to a regular Class B DWI, deferred adjudication may become possible.
Is an ignition interlock required on a .15 DWI?
If the case ends in probation, yes — the judge has to order one for at least half of the probation term. While the case is pending, the law doesn’t require one on a first DWI, but in my experience Collin County magistrates usually order one as a bond condition once they know the result is .15 or higher.
Serving All of Collin County
I defend clients throughout Collin County, including:
Charged with a .15 DWI in Collin County?
Whether your case stays a Class A or gets reduced to a Class B changes the fine, your options, and whether it can ever be sealed. I handle every case myself, and I’ll tell you straight where you stand. The consultation is free, and I personally read and respond to every message, usually within a few hours.