What to Do After a DWI Arrest in Texas: A Step-by-Step Guide

A DWI arrest is one of the most stressful experiences a person can go through. The flashing lights, the handcuffs, the booking process and then the overwhelming question: "What do I do now?"

The decisions you make in the hours and days immediately following a DWI arrest in Texas can have a significant impact on the outcome of your case. Here is a step-by-step guide to what you should do and what you should absolutely avoid.

This is the most important step. After a DWI arrest, you have the right to remain silent. Use it.

Do not try to explain yourself to the officer. Do not tell them how much you had to drink. Do not say you "only had a couple." Do not apologize. Everything you say will be recorded and can be used against you in court.

You are required to provide your name, driver's license, registration, and proof of insurance. Beyond that, politely decline to answer questions until you have spoken with an attorney.

This is the step that most people miss and it is critically important.

When you are arrested for DWI in Texas, the officer will confiscate your driver's license and give you a temporary driving permit. You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing with the Texas Department of Public Safety.

If you do not request an ALR hearing within 15 days, your license will be automatically suspended typically for 90 days for a first offense (or 180 days if you refused a breath or blood test).

An ALR hearing is a separate proceeding from your criminal case. It is your opportunity to challenge the license suspension. An attorney can request this hearing on your behalf and fight to keep your license.

Do not wait on this. The 15-day deadline is absolute.

Memory fades quickly. As soon as you are able, write down everything you remember about the stop and arrest:

• Where were you coming from and where were you going?
• Why did the officer stop you? Did they give a reason?
• What did the officer say and do?
• Were you asked to perform field sobriety tests? Which ones? How did you perform?
• Were you asked to take a breath test? Did you take it? What was the result?
• Was a blood draw taken? Where? By whom?
• Were there any witnesses?
• What were the road and weather conditions?
• Were there any medical conditions that might have affected your performance on field sobriety tests?

This information can be invaluable to your attorney in identifying potential defenses.

Do not wait. Do not try to handle this yourself. DWI cases involve complex scientific evidence breathalyzer calibration records, blood draw procedures, field sobriety test administration that requires an experienced attorney to properly evaluate and challenge.

An attorney can:

• Request your ALR hearing before the 15-day deadline
• Obtain and review the dashcam and bodycam footage
• Subpoena the breathalyzer maintenance and calibration records
• Challenge the legality of the traffic stop
• Challenge the administration of field sobriety tests
• Challenge the accuracy of BAC testing
• Negotiate with the prosecutor for a reduction or dismissal

The sooner you hire an attorney, the more time they have to investigate and build your defense.

This should go without saying, but it needs to be said. Do not post anything about your arrest on social media. Do not discuss it with friends or family in text messages or emails. Prosecutors can and do obtain social media posts and electronic communications as evidence.

A first-time DWI in Texas is typically a Class B misdemeanor, carrying:

• A minimum of 72 hours in jail (up to 180 days)
• A fine of up to $2,000
• Driver's license suspension of 90 days to 1 year
• A State Super Fine of $3,000 to $6,000 paid to the Department of Public Safety upon conviction
• A criminal record

If your BAC was 0.15 or higher, the charge is elevated to a Class A misdemeanor with up to $4,000 in fines and up to one year in jail.

These are serious consequences. A DWI conviction affects your employment, your insurance rates, your professional licenses, and your record for the rest of your life. It is worth fighting.

Note on deferred adjudication: Under Texas law as amended in 2019, a first-time DWI offender with no prior DWI convictions and no accident involving another person may be eligible for deferred adjudication -- meaning no conviction if probation is completed successfully. Additionally, successful completion of deferred adjudication for a first-time DWI may qualify for an order of nondisclosure (record sealing), provided certain requirements are met, including use of an ignition interlock device for at least six months. Whether deferred adjudication is the right strategy depends on the facts of your case and is a decision best made with an experienced DWI attorney.

After you are released, you will receive notice of your court dates. Do not miss them. Failing to appear results in a warrant for your arrest and forfeiture of your bond.

If you have an attorney, they will typically appear on your behalf for many routine court settings, which means you may not need to take time off work for every hearing. This is another significant benefit of hiring an attorney early.

Every case is different, but DWI charges are among the most defensible criminal charges in Texas. Common grounds for dismissal or reduction include:

• The officer lacked reasonable suspicion to stop your vehicle
• The officer lacked probable cause to arrest you
• Field sobriety tests were improperly administered
• The breathalyzer was not properly calibrated or maintained
• The breath test operator was not certified
• The 15-minute observation period before the breath test was not followed
• The blood draw was conducted without a warrant or valid consent
• Chain of custody issues with the blood sample
• A medical condition affected your BAC reading or field sobriety performance

An experienced DWI attorney will review every aspect of your case for potential defenses.

If you have been arrested for DWI anywhere in North or Central Texas, call Todd Rash at (817) 808-2247. He has successfully defended hundreds of DWI clients throughout the region. Consultations are free. He is available every day, Monday through Sunday, 8:00 am to 9:00 pm.

Do not wait. The 15-day ALR deadline is already running.