A DWI arrest in Texas triggers immediate legal and administrative consequences. Your actions in the first 24 hours can affect your case and determine whether you keep your driving privileges.
Here are three important steps to help you respond effectively after being taken into custody.
Limit what you say, but tell someone where you are
Naturally, the first thing you will want to do after your release is to explain what happened to family, friends and co-workers. It may even be tempting to post about the incident on social media.
While it is generally fine to tell your loved ones or a designated contact that you are safe, it is best to avoid discussing details of the stop, alcohol consumption or field sobriety test results with anyone until you have spoken to a legal professional. Declining requests for recorded statements from law enforcement or insurance companies without proper guidance is also highly advisable.
Request an ALR hearing
An administrative license revocation (ALR) hearing is a civil proceeding to contest your driver’s license suspension following a DWI charge. In Texas, you must request this hearing within 15 days of your arrest to avoid the automatic suspension that occurs on the 40th day.
During the proceedings, the Texas Department of Public Safety must prove whether the police had reasonable suspicion for stopping you, probable cause for the arrest and whether you failed or refused a chemical test.
Gather and preserve information
Write down everything you remember about the incident as soon as possible. Include details about the traffic stop, the officer’s instructions and any chemical or field sobriety testing conducted. It may also help to keep records of receipts, locations visited or anyone who was with you before the stop.
Why acting quickly after a DWI arrest matters
The first 24 hours after a DWI arrest are critical. Key deadlines may affect your ability to continue driving and evidence that could support your defense may disappear if you fail to preserve it promptly.
Reaching out to an attorney early in the process can help you understand the necessary steps to take and determine the best way to respond.
