Being arrested for driving while intoxicated (DWI) in Texas can feel overwhelming and confusing. Your actions immediately after the arrest—and in the days that follow—can significantly impact the outcome of your case.
Unfortunately, many people unintentionally make mistakes that can lead to harsher penalties, lost driving privileges, or even jail time. If you’ve been charged with a DWI, knowing what not to do is just as important as knowing what to do.
Here are the top 5 mistakes to avoid after a DWI in Texas, and how to protect your rights moving forward.
1. Failing to Request an ALR Hearing Within 15 Days
Why It’s a Big Mistake:
After a DWI arrest in Texas, the Department of Public Safety (DPS) can suspend your driver’s license—even if you’re not convicted in court. This happens through a separate administrative process known as the Administrative License Revocation (ALR) hearing.
You have just 15 days from the date of your arrest to request this hearing.
What Happens If You Miss It:
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Automatic license suspension (usually 90 to 180 days)
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No opportunity to challenge the evidence
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Potential complications for insurance and work
What You Should Do:
Act quickly. Contact a DWI attorney as soon as possible so they can request your ALR hearing and represent you throughout the process.
2. Talking to Police Without Legal Representation
Why It’s a Big Mistake:
Many people try to “explain their side” to officers or investigators, thinking honesty will help their case. But anything you say can—and will—be used against you in court.
Even statements you think are harmless can be twisted to fit a narrative of guilt.
What You Should Do:
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Politely assert your right to remain silent.
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Ask for an attorney before answering any questions.
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Avoid speaking to police, prosecutors, or investigators without your lawyer present.
3. Posting About Your Arrest on Social Media
Why It’s a Big Mistake:
Posting on social media can feel like a way to vent or get support, but it’s incredibly risky. Prosecutors and law enforcement often review social media accounts for evidence. Even private messages can be subpoenaed.
Photos, status updates, or “jokes” about your DWI can harm your credibility—and your defense.
What You Should Do:
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Avoid discussing your arrest or case online.
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Set your social media profiles to private (but do not delete anything—this could be seen as destroying evidence).
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Tell close friends and family to refrain from commenting on your case publicly.
4. Delaying Hiring a DWI Lawyer
Why It’s a Big Mistake:
Time is critical after a DWI arrest. Delaying legal help can lead to:
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Missed deadlines (like the ALR hearing)
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Loss of valuable evidence (dashcam footage, breathalyzer calibration records, witness accounts)
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Poorly handled first court appearances
What You Should Do:
Contact a trusted DWI lawyer in Texas as soon as possible. An experienced attorney can:
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Evaluate the strength of the evidence
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Represent you in court and at your license hearing
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Help reduce or dismiss the charges altogether
5. Assuming You’re Guilty Because You Failed a Test
Why It’s a Big Mistake:
Failing a breath or blood test doesn’t automatically mean you’re guilty of DWI. These tests are not foolproof—they can be:
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Administered incorrectly
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Affected by medical conditions or mouth alcohol
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Based on uncalibrated or defective equipment
The truth is: many DWI charges are beatable, especially when the tests are challenged properly.
What You Should Do:
Don’t give up. Let a skilled attorney review the test results and challenge them where appropriate. With the right legal strategy, even cases that seem “open and shut” can have a positive outcome.
Final Thoughts
A DWI charge in Texas can have serious consequences, but you’re not powerless. By avoiding these common mistakes and acting quickly, you give yourself the best chance at a successful defense.
Here’s What You Should Do Right Now:
✅ Request your ALR hearing within 15 days
✅ Stay silent until you’ve spoken with a lawyer
✅ Avoid social media talk
✅ Hire a knowledgeable DWI attorney ASAP
✅ Don’t assume guilt—explore all legal options
🔹 Need Help with a DWI in Texas?
Contact our office today for a free consultation. We’ve helped hundreds of clients fight DWI charges in Houston and across Texas—and we’re ready to help you.
Call now or schedule online — every moment counts.