What to Do After a DWI Arrest in Texas: Protecting Your Rights and Future

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Immediate Steps After a DWI Arrest in Texas

Being arrested for Driving While Intoxicated (DWI) in Texas can be overwhelming, but the actions taken in the hours and days that follow can significantly impact the outcome. Law enforcement and prosecutors move quickly, and mistakes made early in the process can make a case more difficult to fight. Knowing what to do immediately after an arrest helps preserve important legal rights and avoid costly missteps.

Stay Calm and Comply Without Volunteering Information

Remaining calm and composed after an arrest is critical. Law enforcement officers observe behavior closely, and resisting, arguing, or making unnecessary statements can be used as evidence later.

  • Avoid self-incrimination. While Texas law requires drivers to provide their name, driver’s license, and proof of insurance, answering questions about alcohol consumption or recent activities is not required.
  • Exercise the right to remain silent. It is legal to say, “I prefer not to answer any questions without an attorney.”
  • Do not attempt to negotiate. Officers cannot drop charges at the scene, and any explanations or justifications given may later be used against the driver in court.

What Happens to Your Driver’s License?

After a DWI arrest, the officer may confiscate the driver’s license and issue a Notice of Suspension. This document informs the driver that the Texas Department of Public Safety (DPS) intends to suspend their license under the Administrative License Revocation (ALR) Program.

  • The driver has 15 days from the date of the arrest to request an ALR hearing to challenge the suspension.
  • If no hearing is requested within the 15-day window, the suspension automatically takes effect on the 40th day after the arrest.
  • The length of the suspension varies depending on prior offenses and whether a chemical test (breath or blood) was refused.

Requesting a hearing delays the suspension until a judge makes a ruling. This hearing is separate from any criminal court proceedings and focuses solely on the driver’s license status.

Field Sobriety Tests and How They Can Be Challenged

During a DWI investigation, officers may ask drivers to perform Field Sobriety Tests (FSTs) to determine whether they are impaired. These tests include:

  • Horizontal Gaze Nystagmus (HGN): Observing involuntary eye movements when following an object.
  • Walk-and-Turn (WAT): Walking heel-to-toe in a straight line, turning, and returning.
  • One-Leg Stand (OLS): Balancing on one foot while counting aloud.

These tests are subjective, prone to human error, and often unreliable due to factors unrelated to alcohol consumption.

A DWI defense attorney may challenge these tests by demonstrating:

  1. Unfair Testing Conditions: Weather, road surface, and improper lighting can all affect balance and coordination, leading to false indicators of impairment.
  2. Medical Conditions: Certain neurological or physical conditions (inner ear problems, injuries, or vertigo) can cause false positives in balance-based tests.
  3. Improper Instructions: If an officer does not provide clear and consistent instructions, the test results may be inaccurate.
  4. Officer Bias or Mistakes: Officers may misinterpret results or fail to follow standardized procedures, making the test invalid.

Field Sobriety Tests are not mandatory in Texas, and refusing them does not result in automatic penalties.

Understanding Chemical Testing and Refusal Consequences

Texas follows an implied consent law, meaning that by driving on Texas roads, a person agrees to submit to a breath or blood test if lawfully arrested for DWI.

  • Refusing a chemical test results in an automatic license suspension under the ALR Program (180 days for a first offense, two years for subsequent refusals).
  • Failing a test (with a BAC of 0.08% or higher) also leads to a license suspension, but the duration may be different than a refusal.

A DWI defense attorney may challenge chemical test results based on:

  • Improper calibration or maintenance of breathalyzer machines.
  • Errors in blood sample collection or storage.
  • Violation of testing procedures, including improper officer training.

A failed test does not guarantee a conviction, but it is important to contest any testing irregularities as early as possible.

Bail and Release Process

Most people arrested for DWI in Texas are taken to county jail and processed. Release may occur in several ways:

  • Personal Recognizance (PR) Bond: The court allows release without payment, based on a promise to appear.
  • Cash or Surety Bond: A set amount must be paid to secure release. A bail bond company may be used to post bail.

A bond may include conditions, such as:
✔ Alcohol monitoring
✔ Ignition interlock device
✔ Drug and alcohol evaluation

Failing to follow these conditions can result in bond revocation and re-arrest.

Do Not Miss Any Required Court Dates

Skipping a court hearing for a DWI charge has severe consequences. If a court date is missed:

  • A bench warrant may be issued for the arrest.
  • Additional charges or penalties may be applied.
  • The judge may impose stricter conditions if the person is later released.

Keeping track of hearing dates, deadlines, and legal obligations is essential after an arrest.

Avoid Discussing the Arrest on Social Media

After a DWI arrest, anything said or posted online can be used as evidence by prosecutors. Law enforcement monitors social media, and statements about the arrest, alcohol consumption, or even social plans may be presented in court.

  • Do not discuss the case publicly.
  • Avoid posting photos or videos of drinking or parties.
  • Be mindful of text messages or private messages related to the case.

It is always better to stay silent and let legal professionals handle communication.

How a Texas DWI Attorney Can Help

A DWI charge in Texas carries serious consequences, including fines, license suspension, and potential jail time. Working with an attorney ensures that every available defense strategy is explored.

✔ Requesting an ALR hearing to challenge license suspension.
✔ Examining the legality of the traffic stop—was there reasonable suspicion?
✔ Reviewing body cam footage and arrest reports for errors.
✔ Identifying weaknesses in field sobriety and chemical tests.
✔ Negotiating for reduced charges or alternative sentencing options.

Having an attorney handle the legal process reduces stress and increases the chances of a favorable outcome.

Final Thoughts

A Texas DWI arrest does not automatically mean conviction, but it does require swift action to protect legal rights, minimize penalties, and challenge unreliable evidence. By following the right steps—staying silent, requesting an ALR hearing, challenging test results, and securing legal representation—it is possible to limit the impact of a DWI charge.

Schedule Your Free Consultation Today

A DWI charge can have serious consequences, but with the right legal representation, it is possible to fight to protect your rights and future. The Law Office of Alex Tyra, P.C. is committed to providing the support and legal strategies needed to achieve the best possible outcome.

📞 Contact us at (903) 753-7499 to discuss your case and explore your defense options. Our team is here to help you move forward with confidence.