Getting arrested for a DWI can feel overwhelming, especially in those first few hours after leaving your vehicle and entering the legal system. What happens in the initial 24 hours can significantly affect your case, so it helps to know what to expect and how to protect yourself.
This guide focuses on what someone in Texas might encounter and how to navigate the first day after a DWI arrest.
Immediate Procedures at the Scene
Once law enforcement stops a driver suspected of intoxication, officers typically begin with field sobriety tests, a breathalyzer, or other blood tests. You have the right to remain silent, and it’s important to exercise that right. Avoid admitting to drinking or making excuses. Anything you say at the scene can be used against you later.
If you are arrested, officers will read you your Miranda rights, and you’ll be taken to a county jail or detention center. At this point, your vehicle may be impounded, and your driver’s license could be temporarily suspended.
In Texas, the automatic license suspension usually happens if a blood alcohol concentration (BAC) of 0.08% or higher is recorded, but the specifics depend on your age, previous offenses, and other circumstances.
In response to a license suspension, you can request an Administrative License Revocation Hearing (ALR Hearing). This is an administrative proceeding, usually conducted by the Department of Public Safety or the Department of Motor Vehicles. During the hearing, officials will determine whether your driver’s license should be suspended or revoked. It’s important to have your attorney with you during this hearing.
Booking and Processing
Booking can take several hours. You’ll likely be photographed, fingerprinted, and asked to provide personal information.
During this time, you may be offered a breath or blood test if it wasn’t already conducted on the scene. Again, you have the right to consult an attorney before agreeing to additional testing.
While in custody, you may have the chance to contact a family member or a lawyer. This is an essential step. Calling someone who can assist you in securing bail or posting bond will help reduce the stress of being held overnight.
Bail and Release
Depending on the severity of the charges, your criminal history, and the county, you may be released on bond within the first 24 hours. Some Texas counties have a bail schedule, while others require a judge to set bail.
Once released, it’s crucial to follow any conditions imposed. This includes attending a DWI education program or surrendering your driver’s license temporarily.
Legal Considerations
The actions you take on the first day matter for your DWI case.
Avoid discussing your arrest on social media, and don’t contact the arresting officers to try to explain yourself. Any statements or posts could be used as evidence against you. It’s also wise to begin documenting your recollection of the events, including where you were, when you were driving, and any interactions with law enforcement. This can help your attorney later when building your defense.
Protecting Your Rights
The first 24 hours after a DWI arrest are critical, but you still have rights that can help protect you. You have the right to:
- Remain silent and avoid self-incrimination
- Contact an attorney promptly
- Refuse additional testing without legal guidance
Following these steps can reduce the risk of self-harm in your case and help your attorney understand the facts from the start.
Moving Forward
A DWI arrest in Texas can be intimidating. However, taking calm, informed steps during the first 24 hours can make a difference. Contacting an experienced attorney early ensures your rights are protected. They’ll make sure bail is handled properly and that you receive guidance on how to proceed. If you or someone you know has been arrested for DWI, reach out to Ty Brock to discuss your options and next steps.
