What Happens If You Blow Over .15 on a Breath Test in Texas? You blew a .16, a .18, maybe a .20 on a breath test in Texas, and now you think the case is over. It’s not. But .15 is not just another number in a DWI case. In Texas, crossing that line changes the legal classification of the offense, it can change what happens on probation, and it can change the way a prosecutor looks at the case. So what exactly does a .15 or higher breath result change? What does it not change? And what are the three things I would immediately look at before I ever told a client to panic about the number? .15 Changes the Level of the Charge First, .15 changes the punishment range. A normal first offense DWI in Texas is generally a Class B misdemeanor. But if an analysis of your blood, breath, or urine shows an alcohol concentration of .15 or more at the time the analysis is performed, Texas law elevates the DWI to a Class A misdemeanor. That matters. A Class B misdemeanor carries up to 180 days in county jail and up to a $2,000 fine. A Class A misdemeanor carries up to one year in county jail and up to a $4,000 fine. Now, does that mean a first time DWI client with a .16 is going to spend a year in jail? No. Maximum punishment and likely outcome are two completely different concepts. But the State now has a higher level misdemeanor, more punishment available, and usually more leverage in negotiation. So when someone tells me, “It’s only a first DWI,” my next question is: What was the test result? Because a .15 allegation changes the case. The Statute Has a Detail Most People Miss Second, here’s a technical point that actually matters. The .15 enhancement is written around the concentration shown when the specimen is analyzed. It is not written as, “The State must prove your BAC was .15 at the exact second you were driving” for that enhancement. That is different from the basic DWI question. To convict you of DWI, the State still has to prove that you were intoxicated while operating a motor vehicle in a public place. Those are two related questions, but they are not identical. So imagine this: You’re stopped at 11:30. You’re arrested around midnight. You take an evidentiary breath test later at the station and it reads .16. The prosecutor is going to use that .16 aggressively. But we still care about what happened before the test: your driving, your speech, your balance, your field sobriety tests, the timing, what you drank, when you drank it, and what the video actually shows. A number matters. Context still matters too. A High Number Does Not Make the Machine Infallible Third, a breath test printout is evidence. It is not scripture. When I get a breath case, I want the technical material behind the number. I want to know what instrument was used, whether it was in proper working order, what the maintenance and inspection records show, whether the test was administered under the required protocol, what happened during the observation period before the sample, whether the test sequence showed anything unusual, and whether the bodycam or station video shows something inconsistent with the paper record. I’m not telling you every .18 breath test is wrong. Most challenges are not that simple. What I’m saying is that if the State wants to use a scientific looking number to increase the level of the offense, then the defense should actually examine the science and the procedure behind that number. And sometimes the most important defense isn’t even the machine. Maybe the stop was bad. Maybe the State can’t prove operation. Maybe the officer’s video does not look anything like the police report. Maybe the timing creates a real issue about what the result means in relation to the driving. Don’t let one ugly number make you stop analyzing the rest of the case. .15 Can Matter After Conviction Too Fourth, .15 can change what happens if the case ends in a conviction and community supervision. Texas law generally requires an ignition interlock as a condition of community supervision when the .15 or higher enhancement is established. That means the consequence is not just, “The charge is a Class A instead of a Class B.” It can affect the structure of probation too. And this is why plea negotiations matter. If the State alleges .15 or more, I want to know whether the evidence actually supports that enhancement and whether there is a legitimate path to resolve the case without it. Sometimes the fight is over the entire DWI. Sometimes the fight is over the enhancement. Those are not the same objective, and a good defense strategy needs to know which battle actually improves the client’s life. Your Driver’s License Case Is Separate Fifth, don’t confuse the criminal .15 enhancement with the driver’s license case. Texas has a separate Administrative License Revocation process through DPS. If you provide a breath specimen at .08 or higher, that can trigger an ALR failure suspension. For an adult on a first ALR failure, the suspension period is generally 90 days. The fact that your result is .16 instead of .10 does not, by itself, turn that first ALR failure into some special .15 driver’s license suspension. A refusal is treated differently and can produce a longer ALR suspension. So you can have two cases moving at the same time: the criminal DWI in county court and the administrative license case with DPS. Same arrest. Different proceedings. Different deadlines. Different issues. That distinction matters because people sometimes focus completely on the criminal charge and accidentally lose their driver’s license hearing deadline. What I Would Actually Do With a .15+ Case So if somebody walks into my office with a .15, .18, or .20 breath result, what am I actually doing? Number one: I get the video. I want to see whether the person on camera looks like the number the State is going to put on a screen in front of a jury. Number two: I get the breath test records. If the State is relying on the number, I want the documents behind it. Number three: I attack the timeline. When were you stopped? When was the last drink? When was the test? What was happening during the gap? Number four: I still analyze the stop, detention, arrest, and field sobriety evidence. A high result does not cure an illegal stop. Number five: I figure out what the actual goal should be. Dismissal? Suppression? Getting below the .15 enhancement? Trial? A negotiated resolution that protects the client’s record and career? The strategy depends on the evidence, not just the decimal point. What Really Happens If You Blow Over .15 in Texas? So what really happens if you blow over .15 in Texas? The DWI can be elevated from a Class B misdemeanor to a Class A misdemeanor. The number is powerful evidence, but it does not replace the State’s obligation to prove that you were intoxicated while operating the vehicle. The breath test itself should still be investigated. The .15 finding can have additional consequences if you end up on community supervision. And your driver’s license case is separate, and you cannot ignore it while everybody is staring at the breath number. A .15 is a problem. It is not a guilty plea. What Should You Do Next? If you were arrested for DWI in Frisco, McKinney, Plano, or elsewhere in Collin County and your breath result was .15 or higher, don’t assume the number tells you the outcome. I’m Steve Sears with The Sears Law Firm in Frisco, Texas.  My job is to get the evidence, figure out what the State can actually prove, and build the strategy around your real case. If you want me to look at it, reach out to my office and we’ll go through it.