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What to do after a DWI arrest in Texas

On Behalf of The Shapiro Law Firm | Mar 30, 2026 | DWI-DUI

A DWI arrest can affect your license, your record and your future. What you do next may shape how your case unfolds.

Act within the first 15 days

Texas law gives you a limited window to respond after an arrest. Missing it can lead to automatic license suspension. You should take these steps right away:

  • Request an ALR hearing: You must act within 15 days to challenge the suspension.
  • Hire a DWI defense attorney: Early legal help can guide your next moves.
  • Avoid discussing your case: Statements to others may be used as evidence.

These actions can protect your rights while your case begins.

Handle the legal and administrative process

Your case will move through both court and administrative proceedings. Each requires careful attention. You may need to:

  • Post bond: The amount may depend on BAC level and prior history.
  • Attend all hearings: Your first court date often occurs within 40–60 days.
  • Review the evidence: Your attorney can analyze reports, video and test results.

If your license is suspended, you may qualify for an occupational license. This can allow limited driving for work or essential needs.

Understand how Texas defines intoxication

Texas law sets clear standards for DWI cases. These definitions affect how prosecutors build their case. Under Texas Penal Code § 49.01, intoxication may include:

  • BAC of .08 or higher: This meets the legal limit.
  • Loss of normal faculties: Impairment from alcohol or drugs may still qualify.

You can face charges even if your BAC is below .08. Officers may rely on observed impairment.

Know your rights during police encounters

Your conduct after an arrest can affect your case. You must balance cooperation with protecting your rights. Keep these points in mind:

  • Provide ID when required: This applies after arrest or while driving.
  • Do not give false information: This may lead to separate charges.
  • Use your right to remain silent: You are not required to answer questions.

These steps can help you avoid additional legal issues.

Speak with a defense attorney about your next steps

A DWI charge involves strict deadlines and multiple legal issues. A defense attorney can review the facts, explain possible outcomes and help you navigate each stage.

Understanding your options early may help you make informed decisions as your case moves forward.

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