Driving While Intoxicated: What to Do During & After Your Arrest

A Driving While Intoxicated (DWI) arrest is a disorienting and terrifying event that thrusts youn into a complex legal battle with serious, life-altering consequences. While fear and uncertainty are overwhelming, the actions you take, or fail to take, can profoundly shape the outcome of your case. It is critical to understand what you should and should not do when stopped for DWI.

THE STOP

A police officer must have reasonable suspicion of a traffic violation to stop a vehicle. Derichsweiler v. State, 348 S.W.3d 906 (Tex. Crim. App. 2011)

Politely ask the officer why you were pulled over. This establishes a record that commits the officer to the traffic violation he/she claims was violated.

Have you had anything to drink?

Once you hear this question, or some version of it, the officer has begun a DWI investigation and is going to eventually arrest you for DWI. So what can you do?

Use your rights:

• The Right to Remain Silent: Your right to avoid self-incrimination is enshrined in both the Fifth Amendment to the U.S. Constitution and Article 1, Section 10 of the Texas Constitution. Police officers are trained to ask questions that elicit incriminating responses. You have no legal obligation to answer questions about where you were, where you are going, or whether you have consumed alcohol. You must politely but unequivocally state: “Officer, I am invoking my right to remain silent, and I would like to speak with my attorney”. After saying this, you must stop talking. If you make statements or conversation unprompted or if you continue to answer the Officer’s questions, you will have waived your right to remain silent. Remember: always be polite.
• The Right to Counsel: Your right to an attorney is guaranteed by the Sixth Amendment to the U.S. Constitution and Article 1, Section 10 of the Texas Constitution. While you do not have a right to have a lawyer on the scene of the DWI investigation/traffic stop, invoking this right early and clearly protects you from further questioning by the officer without the presence of an attorney.
• FIELD SOBRIETY TESTS: REFUSE THE TEST. Most people do not realize that they can refuse to perform the field sobriety tests. Officers often couch a request to perform field sobriety tests by saying they “just want to make sure you’re good to drive.” At this point, the Officer is going to arrest you. All they are really trying to make sure of is that there is more evidence against you in your case.
• Chemical Testing: An Officer may request you submit to a breathalyzer. While refusing this will increase the length of your driver’s license suspension, there are legal options to challenge this as well (see below). An officer may also get a blood warrant from a Judge and take you to a hospital to draw your blood. If they do this, continue to be polite and cooperate with this request, as they are legally able to do this once the warrant is obtained. Whether they follow the correct procedures in drawing this blood will be something your lawyer can examine and challenge as part of your DWI defense.

Remember that during a DWI investigation and arrest, the Officer is noting down and looking for any behavior by you to support their arrest for DWI. Be polite, be clear and assert your rights and let the process play out- even if that means going to jail that evening because the fight isn’t over-IT’S JUST BEGUN!

Immediate Post-Arrest Procedures & Deadlines

• Administrative License Revocation (ALR) Hearing: A DWI arrest in Texas triggers two separate cases: the criminal case and a civil case against your driver’s license known as an Administrative License Revocation (ALR) hearing. This is a step most people who do not immediately hire an attorney miss. This mistake has immediate consequences: LICENSE SUSPENSION.
  • You have only 15 days from the date of your arrest to request this hearing.
  • If you fail to request the hearing, your license will be automatically suspended.
  • Requesting the hearing gives your attorney a crucial first shot at the state’s case, allowing them to subpoena the arresting officer and question them under oath to uncover weaknesses, inconsistencies and for your criminal defense.
  • If your attorney is successful at this hearing, your license suspension will not be suspended.

The Necessity of Immediate Legal Representation

The State of Texas begins building its case against you the moment the officer decides to pull you over; you cannot afford to give them a head start! Evidence in a DWI case can be lost or erased if not properly preserved. Paul has the experience and knowledge to make sure that doesn’t happen. He understands the specific court procedures and takes immediate & decisive action on your behalf.

Paul will immediately:

• File the ALR request to protect your license.
• File Motions to obtain and preserve evidence the State seeks to use against you at trial.
• Scrutinize the officer’s report for constitutional violations and determine if the initial traffic stop was lawful. If the officer lacked reasonable suspicion for the stop or a lack of probable cause to search, all evidence may be suppressed.
• Guide you through every step of the process, advise on bond conditions, and begin crafting a defense strategy tailored to the specific facts of your case.

CONCLUSION

A DWI arrest is not a conviction—it is the beginning of the fight. The choices you make in the hours and days following an arrest will have a massive impact on the outcome of your case. Panic is the prosecutor’s best friend; decisive action is yours.

By taking the proper steps, you transition from a position of weakness to one of strength, creating the strongest possible foundation for a favorable outcome. If you or a loved one has been arrested for DWI, the time to build that defense is now. Contact Paul Meyers immediately for a free and confidential case evaluation. Call our 24/7 line at (936) 766-5171 and start fighting back.