By Graham Norris

A blood alcohol concentration of 0.15% or higher in Texas automatically enhances your DWI charge from a Class B to a Class A misdemeanor — doubling your potential jail time and increasing fines. If you’re facing enhanced DWI charges in Fort Worth, you need an attorney who knows how to challenge high BAC results and fight for reduced penalties.

Call (817) 859-8985 for a Free Case Evaluation

What Is Enhanced DWI at .15 BAC?

When your BAC tests at 0.15% or higher — nearly twice the legal limit — Texas law automatically increases the severity of DWI charges:

	Standard DWI (Class B)	Enhanced DWI .15+ (Class A)
Jail	Up to 180 days	Up to 1 year
Fine	Up to $2,000	Up to $4,000
Interlock	Optional	Mandatory
Suspension	Standard	Extended

This enhancement applies even to first-time offenders. Combined with other factors like accidents or prior convictions, penalties escalate further. For a broader look at how a first DWI offense is handled in Texas, see our detailed guide.

How We Challenge High BAC Evidence

Blood Test Defenses

Graham Norris explains the prosecution’s burden: “They’ve got to show that that test was taken in a way that comports with the law so that they had a legal right to take it, that they didn’t violate any of your rights when they took it, and that it was done according to the science.”

We examine:

• Warrant validity and probable cause
• Blood draw procedures and personnel qualifications
• Chain of custody documentation
• Lab testing protocols and equipment calibration
• Contamination, fermentation, or storage issues

Breath Test Defenses

Breathalyzer results are vulnerable to challenge through:

• Equipment calibration and maintenance records
• Operator certification and training deficiencies
• Observation period violations
• Medical conditions affecting accuracy (acid reflux, diabetes)
• Mouth alcohol contamination

According to the National Highway Traffic Safety Administration (NHTSA), breath and blood tests are not always accurate. Your lawyer will ensure the tests were done correctly and challenge any errors. Problems with calibration, maintenance, or administration can lead to inaccurate results, which can be contested in court.

Rising BAC and Retrograde Extrapolation

The test result doesn’t reflect your BAC while driving. Graham explains: “That score was taken after the fact. And what they have to prove in court is that you were driving while intoxicated. That means that they have to prove you were intoxicated while you were operating the vehicle.”

BAC continues rising for 30–90 minutes after drinking. If you were tested an hour after being stopped, your actual BAC while driving may have been below .15% — or even below the legal limit. Our article on retrograde extrapolation in Texas DWI cases explains in detail why these back-calculations are often weaker than prosecutors suggest.

Strategic Defense in Enhanced DWI Cases

Administrative License Revocation (ALR) Hearing

You have 15 days from arrest to request this critical hearing. Graham emphasizes: “What we always do in these cases is we subpoena the officer, the arresting officer, to appear at that license hearing. And obviously, the goal is to save somebody’s driver’s license. But beyond that, it gives us the opportunity to cross examine that police officer and to sometimes use that testimony in the criminal case.”

Learn more about what happens at an ALR hearing in Texas and why requesting one immediately after arrest is so important.

Video Evidence vs. Police Reports

Most DWI stops are recorded on dash cam and body cam video. Your lawyer will compare the officer’s report with the footage to find discrepancies. If the officer’s account doesn’t match the video, it can weaken the case against you.

Proactive Case Building

We don’t wait for prosecutors to act. Our approach includes:

• Enrolling clients in treatment programs before court
• Gathering employment records and character references
• Documenting medical conditions affecting test results
• Completing required classes early to strengthen negotiations

“We begin gathering work information, letters of recommendation, information about who they are as a person, and not just a name and [case number].”

Mandatory Consequences at .15 BAC

Ignition Interlock Device Required

Texas law mandates ignition interlock installation for enhanced DWI cases as a condition of probation, an occupational license, and license reinstatement. Typical duration is a minimum of one year, with monthly costs of $60–$90 plus installation fees.

Extended License Suspension

Enhanced DWI charges result in longer administrative suspension periods through the Department of Public Safety, separate from any court-ordered suspension. See our overview of DWI license suspension in Texas for a breakdown of what to expect and how to protect your driving privileges.

Case Results: Enhanced DWI Reduced

Graham Norris represented a client facing a second DWI with enhanced penalties and significant jail time. Through proactive intervention:

“What we were able to do is get him into a program before the prosecution made their decision. And he was able to show a real change in his life. He was able to go to AA meetings and receive treatment and show gainful employment and community service. And we were able to communicate with the prosecutor those things and they agreed to drop it down to a first time DWI charge, he received a short probation sentence instead of jail time.”

Why Choose Norris Legal Group

Former Prosecutor Insight: Graham Norris’s background prosecuting DWI cases gives him unique knowledge of how the state builds evidence and where vulnerabilities exist.

Scientific Challenge: We know the science behind BAC testing and work with experts to challenge unreliable results.

Meticulous Investigation: “We’re really checking officers’ work because there is a certain procedure with field sobriety tests and with any type of specimen so either a breath specimen or a blood specimen that they have to go through. And if they violate or break any of the rules or do it incorrectly, they can either result in the test [being inadmissible].”

Dignity and Respect: “We believe that every person no matter if they’ve made a mistake or not, deserves to be treated with dignity and respect.”

Proven Track Record: Over 400 case dismissals and 60+ grand jury “no-bills” across 3,600+ criminal cases.

Frequently Asked Questions

Can I get enhanced DWI charges reduced? Yes. Through effective defense strategies including challenging test results, demonstrating procedural violations, and proactive rehabilitation, enhanced charges can often be reduced to standard DWI or even dismissed. Our guide on getting a DWI dismissed in Texas outlines the most common paths to a favorable outcome.

What if this is my first DWI? The .15 BAC enhancement applies even to first-time offenders, but first-time status provides opportunities for alternative sentencing including deferred adjudication in some cases.

How long will I lose my license? Suspension periods vary based on whether you refused testing and your prior record. An occupational license may allow limited driving during suspension. The Texas Department of Public Safety provides information on the ALR program and suspension timelines.

Is jail time mandatory for enhanced DWI? No. While enhanced DWI allows up to one year in jail, many cases result in probation, particularly with strong legal representation and proactive rehabilitation.

Take Action Now

High BAC results don’t guarantee conviction. The prosecution must prove every element of their case, and chemical test results can be challenged. Don’t let a .15 BAC reading convince you that your case is hopeless.

Contact us for a free case evaluation, or call (817) 859-8985.

Serving Fort Worth, Arlington, Bedford, Mansfield, Euless, Hurst, Keller, Southlake, and all of Tarrant County.