Getting arrested for DWI is frightening, and the hours right afterward feel like a blur. But what you do in the first 24 hours can shape the entire outcome of your case. Here's the straight-talk checklist I give people who call me after a DWI arrest in Houston or Montgomery County.
You have the right to remain silent — use it. Be polite and cooperative with booking, but don't explain, argue, or try to talk your way out of it. Anything you say can and will be used against you. The single most common way people hurt their own case is by talking too much.
As soon as you can, write down every detail: where you were stopped, what the officer said, what tests they asked you to do, how you were treated, and what you had to drink and when. Memories fade fast, and these details are exactly what your attorney uses to find weaknesses in the State's case.
This is the one most people miss. In Texas, you generally have only 15 days from your arrest to request an Administrative License Revocation (ALR) hearing and fight an automatic license suspension. Miss that deadline and you may lose your license by default. Call a lawyer well before day 15.
Breathalyzers require strict calibration and maintenance, blood draws depend on proper chain of custody, and field sobriety tests are subjective and easily failed by sober people. A high reading is not a conviction — these results can be challenged and sometimes thrown out entirely. Learn more on my DWI defense page.
Don't post about your arrest, your night out, or your case — not even a vague comment. Prosecutors do look, and a single photo or caption can be twisted into evidence. Lock it down until your case is over.
Keep every document you were given: the citation, bond paperwork, notice of suspension, and any court dates. Put them in one place. Your attorney will need all of it, and missing a court date creates a whole new legal problem.
The sooner a lawyer is involved, the more can be done — from protecting your license to preserving evidence before it disappears. A free consultation costs you nothing and tells you exactly where you stand. The earlier you call, the more options you have.
A DWI arrest is serious, but it is not the end of the story. DWI cases are among the most defensible charges there are, because they rest on subjective observations and imperfect machines. Move quickly, stay quiet, and get experienced help. If you've been arrested in Houston or Montgomery County, reach out for a free, confidential consultation — day or night.
This article is general information, not legal advice, and does not create an attorney-client relationship. Every case is different — call to discuss your specific situation.
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