How to Understand What Happens During a DWI Arrest
Getting arrested for a DWI (Driving While Intoxicated) can be overwhelming and intimidating. But knowing what to expect during the process can make it less confusing and help you make informed decisions about your next steps. This guide walks you through the DWI arrest process step by step, from the initial traffic stop to your release.
Step 1: The Traffic Stop
Problem
A DWI arrest typically begins with a traffic stop. Officers might pull you over for erratic driving, speeding, or other violations.
Solution
When you see the flashing lights, safely pull over to the side of the road or into a parking lot, if possible. Stay calm, keep your hands visible on the steering wheel, if it’s night, turn on the interior lights, turn off your car, and wait for the officer to approach your vehicle.
Proof
- Officers are trained to observe signs of impairment, such as slurred speech, lethargic movements, or the smell of alcohol.
- If they suspect you’ve been drinking, they may ask questions like, “Have you been drinking tonight?”
Step 2: Field Sobriety Tests (FSTs)
Problem
If the officer suspects intoxication, they’ll likely ask you to perform a series of Field Sobriety Tests. These tests are designed to assess your physical coordination and ability to follow instructions.
Solution
While you can legally refuse these tests in Texas, understand that refusal might be used against you in court. However, the tests are not foolproof and can be challenged later by an experienced attorney.
Proof
- Common FSTs include the Horizontal Gaze Nystagmus (following a pen or light with your eyes), Walk-and-Turn, and One-Leg Stand, .
Step 3: Breathalyzer Test
Problem
The officer may request a breath test to measure your Blood Alcohol Concentration (BAC). In Texas, the per se BAC limit is 0.08%.
Solution
You have the right to refuse the test; however, doing so can result in an automatic license suspension under Texas’s implied consent law. Officer can offer you the portable breathalyzer on scene, which is not scientifically reliable, or after you are under arrest, they can offer you to blow into the Intoxilyzer at the station.
Proof
- If your BAC is 0.08% or higher, you’ll likely be arrested for DWI. I have frequently seen cases were the BAC was below 0.08% but the person was still arrested. By the time you are blowing into the Intoxilyzer at the station, you have already been placed under arrest—unless you have not been drinking at all, why would you give them this evidence?
Step 4: Arrest and Transport
Problem
If the officer determines there’s probable cause to arrest you, they will place you in handcuffs and read you the DIC-24.
Solution
Stay calm and do not resist arrest. Avoid making statements that could be used against you later. Unfortunately, some people think they can talk their way out of an arrest. Generally once you are asked to get out of your car to perform Field Sobriety Tests, you are probably going to jail no matter what. Countless times have officers heard that a person only had “two beers”, or their home is “just a mile down the road”.
Proof
- After the arrest, you’ll be transported to a local police station or if in Houston, the downtown Joint Processing Center jail for booking.
Step 5: Booking Process
Problem
The booking process involves recording your personal information, taking your mugshot, and fingerprinting.
Solution
Provide the required information calmly. This step is routine and does not determine guilt or innocence. You do not have a right to refuse providing this simple identification information. Failure to provide this information could lead to an additional charge of Failure to Identify.
Proof
- During booking, officers may ask if you’d like to take a chemical test, such as a blood draw. Refusing this test could lead to harsher driver’s license penalties, but may ultimately benefit you at trial with the help of a skilled criminal law defense attorney. In Harris County, refusal often leads to the police applying for search warrants for blood. Don’t despair—your case isn’t necessarily lost! Adding additional layers of people and relevant legal implications may work in your favor. Unless you know you have absolutely nothing in your blood, politely refuse.
Step 6: Release Options
Problem
After booking, you may remain in custody until a bond is posted or until your first court appearance.
Solution
- Post Bond: You can secure your release by paying bail or hiring a bail bondsman. In Houston, for many first-time encounters with being arrest, many people are provided a General Order Bond. You don’t have to pay a bond, but have to promise to appear in court.
- Attorney Assistance: An experience criminal defense attorney near you can help your family understand when you may be released and prepare your defense.
Proof
- In Houston, many first-time offenders are eligible for release on general order bonds or personal recognizance, depending on the circumstances.
Step 7: After the Arrest
Problem
A DWI arrest triggers both criminal and administrative processes, including a court case and potential license suspension.
Solution
- Contact an Attorney: Immediately reach out to a qualified criminal defense attorney to protect your rights.
- ALR Hearing: Request an Administrative License Revocation (ALR) hearing within 15 days to contest your license suspension. To make sure it is done correctly, have your criminal defense attorney handle this. You want to find an experienced criminal defense attorney who does ALR hearings as part of the representation of your DWI case. Some attorneys contract with attorneys to do them, but the key is the ALR is NOT ignored. ALR hearings are NOT a waste of time and are a valuable tool in the defense of the DWI. Be cautious of attorneys who say the ALR is a waste of time.
Proof
- An experienced criminal law attorney can challenge the evidence, negotiate for reduced charges, or even get your case dismissed.
Why Hiring an Attorney Is Critical
A DWI arrest can lead to severe consequences, including fines, jail time, and a permanent criminal record. With the help of a skilled attorney, you can:
- Challenge the legality of the traffic stop or arrest.
- Dispute the accuracy of the breath or blood test.
- Negotiate a plea deal or fight for a dismissal.
At David Smith Law Firm, PLLC, we know how high the stakes are in a DWI case. With years of experience, we’re here to defend your rights every step of the way.
📞 Don’t wait—call us today! Schedule a free consultation by visiting https://www.davidsmith.law/contact-us/.
Your future is worth fighting for!
