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Top 5 Mistakes After a DWI Arrest in Houston (What Most Drivers Get Wrong)

  • The first 24 hours after a DWI arrest can determine whether your case gets dismissed or becomes harder to defend.
  • Many Texans hurt their own cases by talking too much, missing ALR deadlines, or trusting the wrong advice.
  • Harris County moves quickly — silence and early legal help protect you.
  • You only have 15 days to fight your license suspension through the ALR process.

A DWI arrest in Houston can feel overwhelming — flashing lights, field tests, handcuffs, paperwork. But what happens after the arrest matters even more.

The truth is: most people make mistakes in the hours and days following their DWI arrest that make their case worse.
This guide explains the 5 biggest mistakes Texans make and how to avoid destroying your defense before it starts.

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How This Works in Houston & Harris County

When HPD, HCSO, or a constable division makes a DWI arrest, the case typically moves into:

  • Harris County Criminal Courts (County Courts at Law)
  • Quick ALR deadlines through DPS
  • Evidence reviews involving breath/blood testing labs

Prosecutors rely heavily on early statements, police reports, and test results.
Your rights — including silence, refusing field sobriety tests, and legal counsel — play a huge role in how your case unfolds.

If your license is at risk, review the https://www.omarsaman.com/dwi-defense/dwi-license-suspension-in-texas ALR hearing deadlines (https://www.omarsaman.com/dwi-defense/dwi-license-suspension-in-texas).

What Happens Step‑By‑Step After a DWI Arrest

Step 1: Release & Paperwork

You’re released on bond, receive a court date, and receive the DIC‑24/DIC‑25 forms.

Step 2: ALR Clock Begins

You only have 15 days to request an Administrative License Revocation hearing.

Step 3: Evidence Collection Begins

Body‑cam, reports, tests, and witness statements are added to your case file.

Step 4: Court Settings Start

These determine bond conditions, discovery, and case posture.

Step 5: Defense Strategy Activates

This includes challenges to the stop, the arrest, chemical testing, lab calibration, and constitutional violations.

Common Mistakes to Avoid (Top 5 After a DWI Arrest)

Mistake #1: Talking About Your Case

Discussing your arrest with friends, coworkers, social media, or even trying to “explain yourself” to police makes things worse.

Why it matters:
Prosecutors can access statements, screenshots, and posts.

Mistake #2: Missing the 15‑Day ALR Deadline

Most Texans don’t realize Texas DPS will suspend their license before their first court date.

Missing this deadline can mean months without a license.

Learn more here:
https://www.omarsaman.com/blogs/how-to-get-an-occupational-driver-s-license-in-harris-county---step-by-step-odl-guideLR suspension rules
(https://www.omarsaman.com/dwi-defense/dwi-license-suspension-in-texas)

Mistake #3: Assuming the Evidence Is “Ironclad”

Field tests are subjective.
Breath tests malfunction.
Blood results rely on chain‑of‑custody and lab accuracy.

The strongest dismissals come from challenging the details.

Mistake #4: Trying to Handle the Case Alone

People mistakenly think they can:

  • Explain the situation to prosecutors
  • “Negotiate” with the court
  • Avoid representation in early settings

Houston courts move fast — faster than most people can follow alone.

Mistake #5: Not Documenting What Happened

You should write down everything:

  • What the officer said
  • Whether you admitted anything
  • Whether tests were offered or refused
  • Timeline of events
  • Witnesses

These details can make or break your dismissal strategy.

Your Options & Likely Outcomes

Option 1: Full Dismissal

Happens when evidence is weak, improperly obtained, or unconstitutional.

Option 2: Charge Reduction

Common when prosecutors know they can’t fully prove intoxication.

Option 3: Pre‑Trial Intervention (PTI)

A strong path for some first‑time offenders, leading to dismissal.

Option 4: Trial Preparation

Sometimes preparing aggressively for trial leads to dismissal before the jury is ever selected.

When You Should Call a Lawyer

Call an attorney immediately if:

  • You were arrested
  • Police want to “follow up” or ask more questions
  • A chemical test was taken
  • Your license is at risk
  • You received your first court date

If you need to keep driving to work or school, here’s how to get an https://www.omarsaman.com/blogs/how-to-get-an-occupational-driver-s-license-in-harris-county---step-by-step-odl-guideOccupational Driver’s License in Harris County (https://www.omarsaman.com/blogs/how-to-get-an-occupational-driver-s-license-in-harris-county---step-by-step-odl-guide)

“Over the past 22 years, I’ve seen how one small mistake after a DWI arrest can change a case completely.
But I’ve also seen how fast dismissals happen when clients call early.
The sooner I’m involved, the sooner I can protect your license, your record, and your future.”

 

Need clarity on what happens next?
Before you appear in court or talk to anyone about your case, get legal guidance first.
A single call can protect your license and your defense strategy.

FAQs: DWI Arrest Mistakes in Houston, TX

1. What should I do first after a DWI arrest?

Stay silent, avoid explaining anything, and contact an attorney immediately. The first 24 hours matter most.

2. Can my DWI be dismissed?

Yes. Many dismissals come from challenging the stop, testing, body‑cam, or officer errors.

3. What if I refused the breath test?

You may face license consequences, but refusals often help your defense. The ALR process becomes critical.

4. What if this is my first arrest?

First‑time offenders often qualify for dismissal pathways, reductions, or intervention programs.

One Call. One Lawyer. 24/7 Defense in Houston, TX.

📞 (713) 521‑9955
🌐 www.omarsaman.com
Free, confidential consultation.

About the Author

Omar Saman is a Houston criminal defense attorney with over 22 years of experience helping Texans fight DWI arrests, protect their records, and navigate Harris County’s fast‑moving court system.