High BAC DWI Cases in Dallas, TX
John M. Cook understands all the different variables involved in the DWI charges you or your loved one is facing. His prior experience as a police officer, a detective, and as an assistant district attorney means he is intimately familiar with the playbook the prosecution will use against you, and he knows how to effectively deal with the prosecutor to advance your interest.
If you are facing a DWI where you blew a .15 or higher on the breathalyzer, the case can be more difficult to handle. Learn more about how we handle these cases below.
The significance of .15 BAC in Texas law
Texas law treats those arrested for driving while intoxicated (DWI) quite harshly, as the government has an interest in lowering the large number of accidents and deaths caused every year on Texas roads as a result of drunk driving. Texas leads the nation in fatalities resulting from drunk driving accidents, and as a result often introduces laws aimed at curbing DWI on the roads. One such law was introduced five years ago in Texas, and it is the law that raised the penalty for a DWI when the blood or breath alcohol level of the person arrested is .15 or higher.
According to Texas Penal Code 49.04(d), if the results of a blood, breath, or urine test results in an alcohol concentration level of .15 or higher, then instead of being charged with a Class B misdemeanor for a first offense, you will be charged with a Class A misdemeanor. Under the old rule, a conviction for a first DWI offense resulted in a punishment of 72 hours to six months in jail, with probation of up to two years, no matter what the BAC. Now, this is only the penalty for a first DWI with a BAC under .15. Once the law was changed, a conviction for DWI with a BAC higher than .15 results in a jail term of up to a year, with a probationary period of up to two years.
