Common Mistakes After a DWI Arrest

 Posted on April 07, 2026 in Criminal Defense

A DWI arrest turns your life upside down fast. You may have just wanted to spend an evening having a good time, and the next thing you know, you’ve been pulled over and are facing criminal charges that could follow you for years.

If you or someone you care about has been arrested for driving while intoxicated in Texas, don’t wait to get help. A Plano, TX criminal defense attorney can advise you on what to do – and not do – after your 2026 arrest.

What Happens Immediately After a DWI Arrest in Texas?

After your arrest, you will be booked at a police station or jail. The minimum term of confinement after conviction for DWI in Texas is 72 hours under Texas Penal Code § 49, though many first-time offenders may be eligible for probation. Shortly after your arrest, you'll receive a court date. Your driver's license will face a suspension through the Administrative License Revocation (ALR) process.

In court, the prosecution will present its evidence, and you will be required to enter a plea. A first-offense DWI in Texas carries penalties that include up to 180 days in jail, a fine of up to $2,000, and a license suspension of up to one year. You may also face probation, mandatory DWI education classes, an ignition interlock device on your vehicle, and higher auto insurance rates for several years. Subsequent offenses carry significantly steeper consequences.

What Are the Most Common Mistakes People Make After a DWI Arrest in Texas?

The period right after an arrest can be where cases are won or lost. Here are common mistakes that will hurt your case.

Waiting Too Long To Act

This is true of action you personally can take and of getting help from a legal professional. If you intend to challenge the suspension of your license, for example, you need to do it quickly. You only have 15 days from the date of your arrest to request a hearing to do so. Miss that window, and your license is suspended automatically.

Some people assume that if it is a first offense, they can handle it themselves or simply plead guilty and move on. That line of thinking may actually make their case more serious when they could have gotten off with better evidence and a stronger argument. A criminal defense lawyer can evaluate whether the stop was legal, whether the breathalyzer was properly calibrated, whether field sobriety tests were administered correctly, and whether any of your rights were violated.

Assuming You Have No Defense

Pleading guilty without understanding the evidence against you, or without speaking to an attorney, puts you entirely at the mercy of the judge or prosecutor. A guilty plea is permanent. Before you make that decision, you should know what your options actually are and what the consequences of each of them will be.

Talking to Police Without an Attorney

Anything you say after your arrest can be used against you in court. It’s a natural response to try to explain your way out of the situation. However, that very often makes the case against you worse. Politely declining to answer questions until you have an attorney present is not an admission of guilt. It’s the smart legal decision.

Refusing a Chemical Test

Texas operates under an "implied consent" law. When you drive on Texas roads, you have already agreed to submit to breath, blood, or urine testing if lawfully arrested for a DWI. Refusing a test triggers an automatic license suspension, and the refusal itself can be used as evidence against you in court.

Driving on a Suspended License

If your license has been suspended following a DWI arrest, driving on it can result in additional criminal charges. If you need to drive for work or medical appointments, ask your attorney about obtaining an Occupational Driver’s License or whether an ignition interlock device would allow you limited driving privileges.

Missing Court Dates or Deadlines

Beyond the 15-day ALR hearing request window, there are other court dates and filing deadlines tied to your case. Missing any of them can result in additional penalties, a warrant for your arrest, or losing the ability to challenge evidence. Put every date on your calendar and confirm them with your attorney.

Call a Collin County, TX DWI Defense Attorney Today

The outcome of your DWI case depends heavily on what you do in the days and weeks that follow your arrest. At The Crowder Law Firm, P.C., our Plano criminal defense lawyers have secured over 300 not-guilty verdicts and acquittals for clients facing charges ranging from DWI to some of the most serious crimes prosecuted in Texas. We can help you work through this. Call 214-544-0061 for a free consultation today. 

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