What To Do After A DWI Arrest In Texas?

When dealing with a Texas DWI arrest, you need a clear plan that protects your rights, your license, and your future. At The Medlin Law Firm, we have represented Texans for more than four decades, and we have seen how the right steps taken immediately and during the weeks that follow make the difference between a dismissed case and lifelong consequences. This guide lays out the steps after a Texas DWI arrest in plain language so you know what to do and why each step matters.

Why The First Minutes Matter After A Texas DWI Arrest

The moment a patrol car pulls you over, everything that follows is shaped by what you say and do in those first minutes. Our experience shows that many DWI investigations begin with a routine traffic stop that escalates because of a few avoidable responses. The single most important move you can make is to protect your constitutional rights immediately.

Specifically, follow these simple actions right away: provide your driver’s license, registration, and proof of insurance; remain calm and polite; and invoke your right to remain silent. The right to remain silent cannot legally be used against you, and it takes away the opportunity for an offhand comment to be treated as an admission of intoxication.

What To Say & What Not To Say During The Stop

During the stop, officers will ask a number of questions: where you are coming from, whether you have been drinking, or whether you’ve taken medications. Knowing how to answer is a really important step after a Texas DWI arrest.

• Say: “Here is my driver’s license and proof of insurance.”
• Say: “I am invoking my right to remain silent” or “I do not answer questions without my attorney present.”
• Do not say: descriptions of how many drinks you had, whether you felt tipsy, or details about medications.
• Do not volunteer: explanations that sound like apologies or confessions. Even common statements such as “I only had a couple” can be used against you.

When asserting your rights, keep it short and respectful. The most useful script we recommend is: “Officer, I will provide my license and insurance. I invoke my right to remain silent and will not answer questions without an attorney.” Provide the requested documents and nothing more.

Field Sobriety Tests & “Stupid Human Tricks”

Officers commonly ask individuals to step out of the car and perform field sobriety tests. These exercises are frequently referred to by officers as standardized tests, but in practice many are unreliable in the conditions they are given. Know that you may politely decline to perform voluntary field sobriety tests. Declining field tests does not carry the same administrative penalties as refusing a chemical test, but an officer may still use your refusal as a reason to arrest if they say they have probable cause.

There is no obligation to perform provocative or physically awkward tasks on the side of the road. Our firm routinely treats these tests as what they often are: subjective, poorly controlled, and sometimes designed to produce evidence that supports an arrest. If you elect to do a field test, understand they are recorded and will be used later. If you decline, state your refusal clearly and revert to invoking your right to remain silent.

Chemical Tests: Breath & Blood, What The Law Requires

One of the critical milestones after a DWI Arrest in TX, is the chemical test. Under Texas’s implied consent law, if you are lawfully arrested for a suspected DWI, you are considered to have consented to provide a specimen for breath or blood testing. Refusing a lawful chemical test can trigger automatic administrative penalties.

The legal alcohol limit for drivers over 21 is 0.08 percent. If your test result is 0.08 or higher, the state can pursue an administrative suspension of driving privileges. If you refuse to give a sample when lawfully arrested, the standard administrative penalty increases. These administrative suspensions affect your ability to drive and are separate from the criminal case.

Administrative License Actions & Your Rights

You must understand the administrative suspension process. If you do not act promptly, your license can be suspended automatically. However, you have an important right: you can request an administrative license revocation hearing to challenge the suspension. Timely requesting that hearing (generally within 15 days of the arrest) is critical.

We frequently see clients told their license is automatically gone for 90 or 180 days. That is not quite accurate. A suspension will go into effect unless you demand your administrative hearing. If you file a timely request for a hearing, the suspension is typically delayed while the hearing is pending. Winning that hearing often prevents the suspension entirely, and winning it also gives us the chance to question the arresting officer under oath and freeze testimony that can be used later in court.

Bond, Magistrates, & “Without Delay” Real Meaning

Following arrest, the steps after a Texas DWI arrest ordinarily include being taken before a magistrate “without delay.” What that looks like in reality varies from county to county. In some places you may be arraigned within hours. In others it may take longer, sometimes 18 to 24 hours, before you see a magistrate.

The magistrate will advise you of the charge and set bond. For a first-time DWI, common bond options include release on personal recognizance, pretrial release with electronic check-ins, or a monetary bond, often in the $500 to $2,500 range depending on jurisdiction and circumstances. If a monetary bond is set and you cannot post the full amount, a bail bond company can post the bond for a fee typically equal to 10 to 20 percent of the bond amount. That percentage is a nonrefundable fee paid to the bondsman.

Immediate Checklist: Steps You Can Follow Right After A DWI Arrest In TX

After an arrest, follow this checklist to protect your rights and preserve your options:

1. Provide your license, registration, and proof of insurance.
2. Verbally invoke your right to remain silent. Use a short, clear phrase: “I invoke my right to remain silent.”
3. Decline to answer any further questions without an attorney present.
4. If lawfully arrested, decide about chemical testing with an understanding of administrative consequences. Request an attorney if you want one before answering additional questions.
5. Take note of names, badge numbers, squad car numbers, and locations when safe to do so.
6. Contact counsel immediately. The sooner you speak with experienced defense lawyers, the more options you will have.
7. Within 15 days, ensure a timely request for an administrative license revocation hearing is filed if a chemical test was refused or was above the legal limit.

How We Build A Defense After A DWI Arrest

At our firm, the first legal step we take after you hire us is to demand the administrative license revocation hearing. That hearing is not just about your ability to drive. It is an invaluable opportunity to subpoena the arresting officer and question them under oath. In many cases, an officer’s testimony at the administrative hearing will reveal missteps, procedure errors, or misunderstandings of the law that can be used later in the criminal case.

We often say that the administrative hearing is one of the best opportunities to pin down the officer’s recollection under oath and get a transcript you can use to impeach contradictory testimony later.

Unlike civil attorneys who can depose opposing witnesses freely, criminal defense attorneys in Texas have limited deposition rights. The administrative license hearing gives us a rare chance to gather sworn testimony and create a record.

Evidence Collection & Technical Challenges

We subpoena the officer’s reports, dash and body camera footage, radio transmissions, and any lab records for breath and blood testing. Breath testing machines are subject to maintenance, calibration, and operator error. Blood testing requires strict chain of custody practices, proper collection technique, storage, and lab procedure. Errors in any of those areas can undermine the reliability of a test result.

We also conduct scene preservation when necessary. That includes photographing the location where the stop occurred, documenting lighting conditions, road signs, construction zones, or obstructions that may contradict the officer’s version of events. For example, a lane that appears to be weaving on camera may have large potholes or confusing lane markings that explain a driving pattern without intoxication. Capturing those details quickly is a key step in effective defense preparation.

Using The Administrative Hearing To Strengthen The Criminal Defense

We often win meaningful advantages at the administrative hearing that translate into better outcomes in the criminal case. For one, the officer’s errors or contradictions become part of the written record. If the officer changes their story later, we can impeach that testimony at trial with the administrative hearing transcript.

Second, if the administrative hearing reveals that the traffic stop or the arrest lacked legal justification, we can use that finding to seek suppression of evidence in the criminal case. Suppression motions can be case-dispositive, leading to dismissal or forcing the prosecutor to reduce charges. That is why the administrative hearing is one of the earliest and most strategic steps after a DWI arrest in Texas.

Timeline You Can Realistically Expect After Arrest

How long a DWI case takes varies, but a realistic timeframe for these cases is generally months. Administrative hearings themselves can sometimes take two to four months to be scheduled. The criminal case may take six months to a year or longer to resolve. We frequently reject early plea offers precisely to force prosecutors to investigate their own evidence more thoroughly and face trial preparation.

Our firm goes to trial frequently. Prosecutors know that respected defense teams with a record of winning trials can prompt them to reassess their offers. Many favorable plea deals are only offered after a prosecutor recognizes holes in their own case, which is another reason to invest early in a thorough defense strategy.

Possible Outcomes & What They Mean

After a Texas DWI arrest and building a defense, several outcomes are possible:

• Dismissal: Charges are dropped, often because of legally insufficient evidence or successful pretrial motions.
• Not guilty verdict at trial: A jury or judge finds the state has not proven the charge beyond a reasonable doubt.
• Reduction of charge: The case is resolved as a lesser offense that carries fewer consequences.
• Conviction with probation or deferred adjudication: The defendant avoids jail but faces conditions and penalties.
• Conviction with jail time: Possible but not automatic, even for DWI convictions. Sentencing depends on prior record, blood alcohol level, presence of minors, and other aggravators.

Each outcome carries different consequences for driving privileges, insurance, employment, and professional licensing. We weigh these real-world impacts for every client when evaluating offers and trial strategies.

Costs & Long-Term Consequences To Understand

The financial and reputational toll of a DWI conviction can be substantial. A conservative estimate of the direct and indirect costs of a conviction often exceeds $20,000. That figure includes fines, court costs, court-ordered treatment programs, probation fees, SR-22 filings, and increased auto insurance premiums that can persist for years. Many employers and licensing boards treat DWI convictions seriously, and your ability to obtain or retain professional licenses, or to meet driving requirements for work, can be affected.

Driving records are frequently checked by law enforcement on traffic stops. A prior DWI on your record may influence an officer’s assessment during a later stop. Avoiding a conviction when possible is not simply about one case; it can prevent recurring problems down the road. That is a central consideration after a Texas DWI arrest and why we prioritize administrative hearings and aggressive early defense work.

What To Expect At A Hearing Or Trial

At the administrative hearing, the state will present evidence supporting the validity of the stop, the arrest, and the test result or refusal. We will cross-examine the officer, focusing on training, procedures followed, timing, and specific details about the arrest. The hearing generates a transcript that is invaluable for later steps in the criminal case.

At a criminal trial, the prosecution must prove guilt beyond a reasonable doubt. Defense strategies include attacking the legality of the stop and arrest, the reliability of field and chemical tests, the chain of custody for blood samples, and the officer’s credibility. Our approach is to treat each strand of evidence skeptically and to use technical records and witness testimony to expose weaknesses in the state’s case.

Practical Tips To Keep In Your Phone Now

Save these short reminders so you can reference the steps easily if you or someone you care about faces arrest:

1. Provide only ID, registration, and insurance.
2. State clearly: “I invoke my right to remain silent.”
3. Do not consent to searches without a warrant.
4. Understand that refusing field sobriety tests is allowed; refusing a chemical test triggers administrative consequences.
5. Contact an experienced DWI attorney immediately.
6. If charged, request the administrative license hearing within 15 days.

How Engaging Counsel Changes The Outcome

Early legal involvement dramatically changes the odds. When we handle Texas DWI arrest cases early, we begin preserving evidence, debriefing witnesses, subpoenaing necessary records, and scheduling the administrative hearing. Early action can stop an administrative suspension from taking effect, create a record that helps impeach an officer, and force the prosecutor to revisit weak evidence.

Because we have substantial trial experience and win acquittals, prosecutors know we will prepare cases for trial. That reality often leads to better plea offers down the road, offers that are not available to someone who does not challenge the case aggressively. In many counties, a policy of early, thorough defense work produces measurable results.

Common Misconceptions Addressed

Here are several misconceptions we correct as part of  counseling:

• Misconception: “My license is automatically gone.” Reality: Not if you timely request an administrative hearing.
• Misconception: “I will definitely go to jail.” Reality: Jail is possible but not automatic, particularly for first-time offenders, where probation or deferred adjudication are common outcomes.
• Misconception: “Saying one wrong thing dooms me.” Reality: That can happen, which is why invoking your right to remain silent is one of the most critical steps after a Texas DWI arrest.

Being Prepared Is Essential

Knowing what to do after DWI arrest in TX is straightforward in concept but consequential in practice. The combination of immediate protection of your rights, a prompt request for an administrative hearing, and a careful, evidence-driven defense strategy gives you the best chance to avoid license suspensions, convictions, and the long-term costs of a DWI on your record.

We encourage you to act early. If you or someone you know is facing a DWI arrest, reach out to The Medlin Law Firm to get the administrative hearing requested, evidence preserved, and a defense prepared. We bring decades of courtroom experience and will fight to protect your rights at every step of your DWI defense.

We are ready to help you and to pursue the best outcome for your situation.

Frequently Asked Questions

What should I do immediately after being stopped for suspected DWI?

Provide your license, registration, and proof of insurance. Politely assert your right to remain silent and state that you will not answer questions without your attorney. Decline field sobriety tests if you choose, but be aware that refusing chemical tests after arrest can carry administrative consequences.

If I refuse a breath or blood test, will my license be suspended automatically?

A refusal can trigger an administrative suspension, usually 180 days for refusal. However, the suspension is not automatic if you timely request an administrative license revocation hearing, generally within 15 days of arrest. Filing that request prevents the suspension from taking immediate effect while the hearing is pending.

How long do I have to request the administrative hearing?

You generally have 15 days from the date of arrest to request the administrative license revocation hearing. Missing this deadline can allow the automatic suspension to commence.

Will I definitely go to jail if convicted of DWI?

Not necessarily. A first-time DWI is a Class B misdemeanor and can carry up to 180 days in jail, but many first-time offenders receive probation or deferred adjudication instead of jail. Sentencing depends on facts like prior criminal history, BAC level, and aggravating factors such as having a child in the vehicle or causing injury.

How much will a DWI cost me?

A conservative estimate for the financial fallout of a DWI conviction is often $20,000 or more when fines, court costs, fees, program costs, SR-22 insurance, and increased premiums are considered over time.

Why is the administrative hearing so important?

The administrative hearing allows us to subpoena and cross-examine the arresting officer under oath and to produce a transcript. That transcript can be used to impeach the officer at trial if their testimony changes. Winning the administrative hearing may also prevent your license suspension.

Should I take field sobriety tests?

Field sobriety tests are subjective and can be unreliable. You may politely decline them. However, if you decline, the officer may use that refusal as one factor in deciding to arrest. Only you can decide based on the totality of the situation, but you should always first invoke your right to remain silent.