Arrested for DWI in Texas? Here’s What You Need to Do in the First 24 Hours

Key Takeaways

• The first 24 hours after a Texas DWI arrest can affect your driver’s license and your criminal case.
• Stay calm, comply with lawful orders, and exercise your right to remain silent instead of answering questions or explaining what happened.
• In most Texas DWI cases, you have only 15 days after receiving your Notice of Suspension to request an Administrative License Revocation (ALR) hearing. If you do not request a hearing within that period, your driver’s license may be automatically suspended, generally beginning on the 40th day after you receive the notice. However, if blood testing is pending, your notice and deadline may arrive later.
• Because the ALR process is separate from your criminal case, you should not assume that your court date protects your driving privileges. 
• Refusing a breath or blood test can result in a driver’s license suspension, while submitting to testing creates evidence that must be challenged in court.
• Write down what you remember, keep every document you receive, and tell your attorney about any video recordings before they’re deleted.
• Speak with a Texas DWI defense attorney as soon as possible to review the evidence, request an ALR hearing when appropriate, and begin preparing your defense.

Flashing lights appear in your rearview mirror as you drive north on Broadway Street near Hildebrand Avenue. After you pull over and answer some questions, you’re asked to perform field sobriety tests and submit to a breath or blood test. At the end of the encounter, you’re under arrest for DWI, your vehicle has been towed, and you’re taken to the Bexar County Adult Detention Center for booking. 

What you do in the first 24 hours after a DWI arrest can impact both your driving privileges and the criminal case itself. This article explains what you should do during this critical period, what to say and what not to say to law enforcement, how refusing or submitting to chemical testing may affect your defense, and why contacting a DWI defense attorney right away can help protect your rights.

Rule #1: Stay Calm and Avoid Making the Situation Worse

Being arrested is an extremely stressful experience, and no one would blame you for getting upset, questioning the officer’s decision, or insisting on telling your side of the story. But such actions aren’t likely to change what happened and may even create evidence that can be used against you. Instead, it’s better to stay calm, cooperate with lawful orders, and exercise your right to remain silent.

Cooperate With Lawful Orders

Texas law requires you to provide your driver’s license, proof of insurance, and vehicle registration when requested. You do not have to answer investigative questions about whether you consumed alcohol, where you were drinking, or how much you had to drink. If you’re taken into custody, comply with instructions related to handcuffing, transportation, booking, fingerprinting, and identification. Physically resisting or interfering with police can lead to separate criminal charges in addition to the alleged DWI offense.

Exercise Your Right to Remain Silent

You generally do not have to answer investigative questions about your alcohol consumption, activities before driving, or other matters that could incriminate you. You must still comply with lawful identification requirements and other lawful instructions. If officers begin questioning you about the alleged offense, you can clearly state that you wish to remain silent. Many people believe they can explain what happened or persuade police to drop the charges. In reality, law enforcement officers note any statements made during roadside questioning, booking, and other interactions after an arrest. Prosecutors may later compare your statements with other evidence presented during the case.

For more recommendations, please see our guide DWI Stops – 9 Step Survival Guide.

The 15-Day Deadline to Request an ALR Hearing

One of the first deadlines you face after a Texas DWI arrest has nothing to do with your criminal court date. Instead, it involves your driving privileges. If you don’t request an Administrative License Revocation (ALR) hearing in time, you may lose the opportunity to challenge the proposed suspension before it takes effect. Many Texas drivers concentrate on the criminal charge and don’t realize that the deadline affecting their license arrives much sooner. Additionally, failing to challenge the ALR deprives your attorney of a chance to cross examine the arresting officer before they have a chance to discuss any potential issues of the arrest with the prosecution.

What Is an Administrative License Revocation (ALR) Hearing?

An ALR hearing is a civil administrative proceeding conducted by the Texas State Office of Administrative Hearings (SOAH) after the Texas Department of Public Safety seeks to suspend a driver’s license. It is separate from the criminal DWI case, and the outcome doesn’t determine whether you’re guilty or innocent of driving while intoxicated. Instead, the proceeding determines whether the State has grounds to seek the suspension of your driving privileges.

Why the 15-Day Deadline Is Important

If you’re served with a notice of suspension at the time of your arrest, you generally have 15 days to request an ALR hearing. If you don’t submit the request before that deadline, the proposed suspension usually takes effect automatically. Some DWI cases involving later blood test results follow a different notice timeline because the suspension notice is mailed after the arrest.

Requesting an ALR hearing doesn’t guarantee that you’ll keep your license. But it does preserve your right to contest the proposed suspension and may allow you to continue driving until the administrative proceeding is resolved. Waiting too long can eliminate that opportunity.

Should You Refuse or Take a Breathalyzer Test?

Texas has an implied consent law, which means that by operating a motor vehicle on public roads, drivers are considered to have consented to chemical testing under certain circumstances. Even so, you can refuse a requested breath test. That decision, however, has consequences that can affect both your driving privileges and your criminal case.

About the Texas Implied Consent Law

Under the Texas Transportation Code, law enforcement may request a breath or blood sample after lawfully arresting someone for DWI. Before requesting the sample, police officers must explain the consequences of refusing the test or submitting to testing that shows an alcohol concentration at or above the legal limit. These warnings are intended to help drivers understand the administrative consequences before making their decision.

That said, law enforcement can’t physically force you to provide a breath sample after a refusal. In many cases, however, they may seek a search warrant authorizing a blood draw. If a judge issues the warrant, a blood sample may be collected despite your refusal.

What Happens If You Refuse?

If you refused a requested breath or blood test, that decision may affect your driver’s license even if you are never convicted of DWI. Also, refusing a requested chemical test may trigger a longer driver’s license suspension under the Administrative License Revocation program than if you had consented. Prosecutors may also introduce evidence of the refusal during the criminal case, implying that it suggests guilt. And as we indicated in the previous section, the police can still seek a search warrant for a blood sample. 

What Happens If You Consent?

If testing shows an alcohol concentration at or above the legal limit, prosecutors will likely rely on those results as part of their evidence. Chemical test results, however, aren’t infallible. A defense attorney may raise issues involving some or all of the following: 

• Instrument maintenance
• Calibration records
• Operator training
• Blood collection procedures
• Chain of custody
• Sample handling
• Laboratory analysis
• Medical conditions that could affect the reliability of the results

In some cases, the timing of a blood draw and the scientific assumptions used to estimate a driver’s alcohol concentration at the time of driving may be just as important as the reported test result. 

Neither option guarantees you’ll avoid a conviction. Refusing a test doesn’t stop prosecutors from pursuing a DWI charge, and submitting to testing doesn’t prevent you from challenging the results. Once you’ve been arrested, the best next step is to speak with a DWI attorney who can evaluate the evidence and explain your legal options.

Gather and Preserve Evidence Related to Your DWI Case

The prosecution begins collecting evidence as soon as you’re arrested. You should do the same. While your DWI defense attorney will obtain police reports, video recordings, and other records, there are steps you can take during the first 24 hours to preserve information.

Write Down Everything You Remember

Your memory is freshest immediately after the arrest. As soon as you’re able, write down everything you remember. Include information such as:

• Where the traffic stop occurred
• Why the officer said you were stopped
• What questions the officer asked
• What you said in response
• Which field sobriety tests you performed
• Whether you took a breath or blood test
• The names of any passengers or witnesses
• Weather, road, and traffic conditions

Don’t guess or fill in gaps. Record only what you remember. Your notes can help your attorney compare your recollection with police reports, body camera footage, and other evidence.

Save Every Document

Don’t throw away paperwork you receive after your arrest, as those documents may contain deadlines, court information, or details your attorney will need. Keep copies of:

• Your citation
• Bond paperwork
• The Notice of Suspension or temporary driving permit, if you received one
• Vehicle towing or impound documents
• Property receipts
• Court paperwork

Store everything in one place so it’s easy to locate when you hire legal representation.

Identify Possible Sources of Video Evidence

Video recordings can become important evidence in a DWI case. Patrol vehicle cameras, body-worn cameras, nearby businesses, gas stations, parking lots, and private security systems may have captured part of the traffic stop or your driving before the stop.

Many recording systems automatically overwrite older footage after a short period. Telling your attorney about nearby cameras as soon as possible gives them the opportunity to determine whether that footage can be preserved before it’s deleted.

Avoid Creating New Evidence

The hours after your release aren’t the time to discuss your arrest with friends, coworkers, or on social media. Text messages, emails, photographs, videos, and social media posts can later become evidence if they’re relevant to the prosecution. If someone asks about your arrest, resist the urge to explain what happened. Wait until you’ve spoken with your criminal defense lawyer before discussing the case with anyone else.

Contact a Texas DWI Defense Attorney as Soon as Possible

A DWI case begins with the traffic stop, the investigation, and the evidence collected during the arrest. Speaking with an attorney shortly after your release gives them time to review records, preserve video footage when available, interview witnesses when appropriate, and evaluate the prosecution’s evidence before court proceedings begin.

At Hunter, Lane & Jampala PLLC, we begin reviewing every DWI case as soon as we’re retained. If you’ve been arrested for DWI in Texas, we’ll review the evidence, explain your different legal options, and begin building your defense without delay.

FAQs About Being Arrested for DWI in Texas

What Should You Say to Law Enforcement?

If you choose to exercise your constitutional rights, tell law enforcement that you want to remain silent and that you’d like to speak with an attorney. After making that request, avoid answering investigative questions until you’ve had the opportunity to receive legal advice.

Avoid making comments such as:

• “I only had two drinks.”
• “I’m okay to drive.”
• “I wasn’t paying attention.”
• “I’m sorry.”
• “I only drove a few blocks.”

Appropriate statements include:

• “I want to remain silent.”
• “I’d like to speak with an attorney.”
• “Am I free to leave?”

After requesting an attorney, avoid discussing your arrest with police officers or anyone else at the jail. Conversations in patrol vehicles, holding areas, and booking facilities may be recorded or witnessed, and prosecutors may later seek to introduce those statements during the case.

Arrested? Speak to a Texas DWI Defense Lawyer Now

The first 24 hours after a Texas DWI arrest can be critical. During that time, avoid discussing the allegations with law enforcement, keep the paperwork you receive, document what you remember about the traffic stop, and speak to a criminal defense attorney ASAP. These steps can help preserve information that may become important as your case moves forward.

If you’ve been arrested for DWI in Texas, don’t wait to get legal advice. At Hunter, Lane & Jampala PLLC, we’ve represented many people in your current position and will advocate for you at all stages of your case. Call (210) 202-1076 or contact our firm online to schedule a confidential case review today.