Although any conviction for driving while intoxicated (DWI) will result in criminal penalties and civil fines, being convicted of DWI with a high blood alcohol concentration (BAC), or a BAC of 0.15% or more, can result in more severe penalties. Pursuant to Tex. Pen. Code § 49.04, DWI with a high BAC is a Class A misdemeanor, rather than the Class B misdemeanor charge that normally would result from DWI charges.
Having a 0.15% BAC or more is easier for some individuals than others. Various factors can impact BAC, including the presence of other medications in a person’s body, gender, body weight, the amount of food that the person has eaten, the rate at which the person consumed the drinks, the strength of the alcohol in the drinks consumed, and the number of drinks. Typically, when an individual has a BAC of 0.15% or more, his or her gross motor skills are significantly impaired. Driving with a BAC of 0.15% or more definitely can be dangerous, both to the individual and to others.
According to Tex. Pen. Code § 12.21, a conviction on a Class A misdemeanor charge is punishable by a fine not to exceed $4,000, a jail sentence not to exceed one year, or both. A driver’s license suspension is also a probable outcome of any DWI conviction, along with the costs involved in increased insurance premiums, perhaps for several years. Depending on your prior history of criminal convictions and other circumstances, you may have to install an ignition interlock device (IID) in all vehicles that you drive. There are installation fees and monthly maintenance fees for keeping an IID in place.
When you are charged with any type of criminal offense in the state of Texas, you need an experienced criminal defense attorney to represent your interests from the very beginning of your case. Taking steps to get you released from jail and fight for your rights at the outset of your case is typically easier than waiting until your case has progressed. Contact Peek & Toland at (512) 474-4445 today and set up an appointment to speak with our legal team.