If you’re reading this after being arrested for Driving While Intoxicated (DWI) in Texas, you are likely feeling overwhelmed and unsure of your next steps. The criminal justice system moves quickly, and the decisions you make in the hours and days following an arrest can significantly impact the outcome of your case. Whether you submitted to a breath test, gave a blood sample, or refused testing entirely, the state is already building its case against you. If you find yourself searching for a “criminal attorney near me,” it’s critical to understand the immediate steps you must take to protect your rights.
Act Quickly to Protect Your License
The first and most urgent deadline you face is not related to your criminal trial, but rather your driving privileges. When you are arrested for DWI in Texas and either fail or refuse a blood or breath test, the Texas Department of Public Safety (DPS) automatically initiates a civil process known as Administrative License Revocation (ALR) [1].
You have strictly 15 days from the date you receive notice of suspension, which is typically the day of your arrest, to request a formal ALR hearing. If you fail to request this hearing within the 15-day window, your license will be automatically suspended on the 40th day following your arrest. As we discussed in our detailed guide on what happens to your driver’s license after a DWI arrest, winning this hearing is often the only way to keep your license while your criminal case is pending.
Beyond protecting your license, the ALR hearing serves a critical strategic purpose in your broader defense. It provides your defense team with an opportunity to cross-examine the arresting officer under oath before the criminal trial begins. Any inconsistencies in the officer’s testimony regarding the traffic stop, the administration of field sobriety tests, or the arrest procedure can be locked in on the record. This testimony often becomes invaluable leverage when negotiating with prosecutors or defending the case before a jury.
Documenting the Facts of Your Arrest
Your next priority is to document everything you remember about the night of the arrest. Write down where you were, what you had to drink, the timeline of events, and every detail of your interaction with the police.
- Did the officer explain the field sobriety tests clearly?
- Were you on an uneven surface when asked to perform the walk-and-turn test?
- Were you read your Miranda rights before being questioned?
These details fade quickly from memory, but they are exactly the kinds of procedural facts a skilled defense attorney will use to challenge the validity of the state’s evidence.
Protecting Your Defense
Finally, do not discuss the details of your arrest with anyone other than your attorney. Statements made to friends, family members, or on social media can be subpoenaed and used against you. The prosecution has vast resources and experienced investigators working to secure a conviction. You need a defense team that knows how to scrutinize police reports, challenge forensic evidence, and navigate both the ALR and criminal court systems in Collin and Dallas counties.
If you or a loved one are facing DWI charges in North Texas, do not wait for the state to dictate your future. Contact Lewis & Ashworth, PLLC immediately to start building your defense. Call us at 214-239-8007 or reach out through our Contact Page for a free, confidential consultation.
References [1] Texas Department of Public Safety. “Administrative License Revocation (ALR) Program.” https://www.dps.texas.gov/section/driver-license/administrative-license-revocation-alr-program