On September 1, 2011, Texas law on first DWI offenses changed. Under Texas law a first DWI offense is now a Class A Misdemeanor if the driver is measured to have a blood alcohol content (BAC) higher than 0.15 at the time the breath or blood is analyzed. The new language was added by HB1199 and is codified as Section 49.04(d) of the Texas Penal Code.

The full text of Section 49.04(d) is: "If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor."

Previously, a first DWI in Texas was a Class B misdemeanor, punishable by up to 180 days in jail and a fine of not more than $2,000. Now, as a Class A Misdemeanor, a first DWI offense where the BAC is found to be above 0.15 can be punished by up to one year confinement and a fine of up to $4,000.

In addition to raising the punishment range for DWI involving BAC above 0.15, Section 49.04(d) has also changed current Texas law by making it explicit that the relevant issue is the BAC level shown "at the time of analysis." Previously, the question would be one of extrapolation, looking at what the BAC might have been when the defendant was alleged to have been driving while intoxicated. Now Section 49.04(d) has made clear that all the state must show is that a BAC of 0.15 or greater was shown at the time the blood, breath, or urine was analyzed. Individuals charged with DWI under Section 49.04(d) will by definition have already provided a breath or blood sample for analysis. In these cases, it becomes critical to evaluate several issues. Was there probable cause to justify the Defendant's arrest? If the Defendant consented to giving the breath or blood specimen, was that consent given voluntarily, or was it a product of police coercion? If the police obtained a search warrant to compel Defendant to provide a breath or blood sample, was that warrant valid or was it obtained in violation of the State or Federal Constitutions? For people charged with DWI under 49.04(d) these issues will always be among the most important issues.