A Recent Case Win–DA Reduces Greater than 0.15 BAC DWI Class A Misdemeanor to a Class B Misdemeanor.

214-402-4364-Writ Bond Hotline
Office: 972-562-7549

My client was arrested for DWI following a traffic stop. A subsequent blood test alleged my client’s blood alcohol level (BAC) at the time of the test was .217, which resulted in my client being charged with a first offense DWI with a BAC higher than 0.15 (keep in mind the legal limit is .08). Under current law, if a person’s BAC is above a 0.15, the charge is elevated to a Class A misdemeanor which enhances the punishment range to a fine from $0 to $4,000 and from 0 days to 1 year in jail (which may be probated) regardless of whether it is a first offense. The charge also requires that a person have a deep lung device (DLD) installed on their car for the length of probation. The DLD is a portable breathalyzer that a person will need to blow into before they can start their car.

The “0.15 BAC and above” enhancement also has significant impact on the surcharges that DPS will levy on a person following a DWI conviction. If a person’s BAC is above 0.15, then the surcharge to maintain a driver’s license will be $2,000 a year for a three-year period following the conviction.

I went to work on the case, investigating the facts to gain what leverage we could to negotiate with the prosecutor. After several weeks of hard work on the case I was able to identify some weaknesses in the blood analysis. As a result, the prosecutor agreed to lower the charges from the greater than 0.15 BAC Class A misdemeanor level to a Class B misdemeanor, or a DWI below 0.15 BAC offense level. This reduction was significant considering it dropped the potential punishment range down to a fine that would range from $0 to $2,000 and from 72 hours to 180 days in jail (which was be probated in this case). Better yet, the client will not have to pay $6,000 in DPS surcharges that would have followed the conviction.

As you can expect, my client was relieved and very pleased with the result.

Speak Your Mind


Time limit is exhausted. Please reload the CAPTCHA.