High BAC DWI Cases & Texas Law
Attorney Tad A. Nelson, ACS/CHAL Lawyer-Scientist
In Texas, when an individual is arrested for Driving While Intoxicated (DWI), they’ll have to contend with the potential for penalties at multiple levels of the law. For starters, criminal penalties and fines will apply if the person is convicted for the DWI offense. Secondarily, civil penalties will spur the administrative revocation of the accused party’s Texas Driver License in addition to the assessment of renewal surcharges and additional fees.
The stakes are raised if the driver had a High BAC or, in other words, a Blood Alcohol Concentration level of 0.15% or more. Houston DWI Lawyer Tad A. Nelson has had success with numerous types of DWI cases including intoxication manslaughter and DWIs with BAC calculations of 0.15% or more. If you need to consult with experienced legal counsel about a case of this nature, you’re encouraged to contact our office by calling 713-489-7373.
BAC 0.15 & Over Houston DWI Cases
The Physical Impact of a High Blood Alcohol Concentration
To illustrate the way your Blood Alcohol Concentration level will affect you physically, Stanford University published an excellent page with easy to interpret information that will help to enhance your understanding of how alcohol will affect your body.
To sum it up in layman’s terms, if a person drinks a standard six-pack of beer, in all likelihood they’re legally intoxicated with a 0.08% BAC level. If a person drinks 2 or more 6-packs of beer, or has 2 or more glasses of liquor, in all likelihood their BAC level is over 0.15%, and onlookers may see them as sloppily drunk. By multiplying those numbers by a factor of 2 or 3, a person will reach life-threatening blood alcohol concentration levels. A BAC level of 0.40% and up can result in a coma or death. (The highest BAC level ever recorded in the history of BAC level testing is 1.480%.)
Variable factors which impact BAC levels at the individual level include the person’s gender, their weight, period between drinks and since drinking, number of drinks, existing health conditions and related medications, and whether or not they’ve eaten. In short and regardless of those factors, if you feel “buzzed,” you’re at the threshold of legal intoxication and at risk for a DWI arrest should you choose to drive. If you’re losing your balance or vomiting, you have a high BAC level of over 0.15%.
The Judicial Impact of High BAC Level DWI Offenses
To illustrate the BAC level at which a person is defined as legally intoxicated, the Texas Alcohol & Beverage Commission hosts an equally interpretable PDF chart which outlines the legal intoxication levels for both men and women, based on body weight.
Criminal Enhancement for DWI cases with BAC of 0.15 or More
Criminal charges on individuals who are arrested for driving while intoxicated that are determined to have had a BAC level over 0.15% will be enhanced. The enhancement of a criminal charge means the charge is elevated to the next level of severity in criminal classification. For first time offenders, it means that a Class B Misdemeanor charge will be enhanced to a Class A Misdemeanor. This could mean a 1-year Harris County Jail sentence with a fine of up $4,000.00 as opposed to 3-to-180 days county jail time and a $2,000.00 fine.
Administrative Penalties for DWI cases with BAC of 0.15 or More
A DWI with over 0.15 BAC will garner additional fees which are imposed at the civil level in the form of annual Texas Driver License surcharges to the tune of thousands of dollars annually for up to 3 years. That’s if they allow the offender to obtain another Texas Driver License as it will be suspended for up to 2 years. Again, that’s if the person is convicted of the offense which isn’t guaranteed when they’re represented by a seasoned Texas DWI attorney like Tad Nelson and others of equivalent experience.
DWI surcharges on first-time offenders with a blood alcohol concentration of over 0.15% amount to a $2,000.00 annual maximum surcharge for up to 3 years. That’s $6000.00 in addition to the fine on the criminal case which has the potential to take fees into the 10s of thousands of dollars.
Learn about Texas Driver License surcharges by reviewing the Driver Responsibility Program flier below. The PDF is available to view, download, or print.
Special Note: The Texas Penal Code & the Texas Transportation Code conflict in that the transportation code outlines an 0.16 BAC level or more as the threshold for enhanced civil penalties. Legislators in Austin, TX are said to be working on correcting the inconsistency.
Charged with a BAC over 0.15 DWI in Houston, TX?
Contact Houston DWI Lawyer Tad A. Nelson for help Today!
If you, a family member, or other loved one were arrested and charged for DWI with the added factor of a blood alcohol concentration level of over 0.15%, you’ll need the best DWI lawyer you can find. Tad A. Nelson has the training, scientific credentials, and courtroom criminal defense experience to give you the best chance of beating your criminal charge and claiming victory during your ALR hearing.
Board Certified® in Criminal Law, ACS-CHAL Lawyer-Scientist
Tad Nelson is part of the small fraternity of career defense lawyers in Texas who are Board Certification by the Texas Board of Legal Specialization in their field of practice. When lawyers are Board Certified by the State of Texas’ Board of Legal Specialization, it means they’ve undergone a rigorous vetting process and can be considered highly competent.
Texas’ Board of Legal Specialization doesn’t have a specific certification for DUI or DWI defense, but Attorney Tad Nelson has earned multiple degrees and CLE training certifications which are geared towards the science and defense of such cases. Tad Nelson is a member of the National College for DUI Defense (NCDD), a lifetime member of the National Association of Criminal Defense Lawyers, an ACS/CHAL Lawyer-Scientist per the American Chemical Society, and a founding member of the DUI Defense Lawyers Association. If you’re looking for a DWI lawyer in Houston with the skills and education to provide you with an effective defense in court, call Tad.
The skillset attained throughout his 27+ year career enables us to provide effective and formidable legal representation for people charged with DUI, DWI, and other offenses in which a conviction hinges on the collection and storage of biochemical data (evidence), technologies used in the process, and the training of those charged with administering blood, breath, urine, DRE, and field sobriety tests.
His pursuit of relevant knowledge demonstrates his dedication to the mastery of legal strategy, chemical analysis, and technical know-how. His 27 years of experience affords him with the ability to fashion practical defense strategies based on said knowledge and the wit to execute on select defense strategies.
Serving Harris County, TX and Surrounding Areas
Whether you were arrested in Houston, Katy, Baytown, Conroe, Galveston, Sugar Land, Beaumont, or elsewhere in the Houston area, Tad Nelson is likely well-aware of their police department’s practices and have already encountered them in court. We’ll fight for you. Tad A. Nelson accepts clients with cases docketed in Harris County, Fort Bend County, Liberty County, Montgomery County, Galveston County, Chambers County, Liberty County, Jefferson County, Brazoria County, and Waller County, TX.
To contact Tad Nelson, Attorney Amber Spurlock, or to schedule your 100% confidential consultation and case evaluation with us, call 713-489-7373 or send us a friendly, discreet message using the contact form on this page.