What Now? Common Questions After a DWI Arrest in Austin, Texas

The flashing lights in your rearview mirror. The field sobriety tests on the side of the road. The handcuffs. The jail cell. Now you are out, but the questions are just beginning. What happens to my license? Do I need a lawyer? Should I have taken the breath test? What if this is my first offense? In the hours and days after a DWI arrest, the uncertainty can be overwhelming. The answers matter—because the decisions you make now will affect your license, your record, and your future.

At Barton & Associates, Attorneys at Law, we help clients across Central Texas navigate the confusing aftermath of a DWI arrest. Whether you were pulled over on I-35 near downtown, on MoPac during rush hour, or on a quiet road in the Hill Country, we understand the questions that keep you up at night. Our attorneys have spent decades in Travis County courtrooms and beyond, guiding people through the most stressful time in their lives.

We know that a DWI arrest is often a first-time experience with the criminal justice system. We know that the rules are complicated, the deadlines are strict, and the stakes are high. We know how to answer your questions, protect your rights, and fight for your future.

If you have been arrested for DWI, you are not alone. Let us help you find the answers you need.

The Most Common Questions After a DWI Arrest

After a DWI arrest, the questions come fast. Here are the answers to the questions we hear most often.

1. Should I have taken the breath test?

There is no right answer that applies to every situation. Refusing the breath test results in an automatic license suspension (180 days for a first offense). Taking it gives the State evidence of your BAC. Your attorney can help you understand the tradeoffs based on your specific situation.

2. What happens to my license?

Your license is automatically suspended unless you request an Administrative License Revocation (ALR) hearing within 15 days of your arrest. This is a strict deadline. If you miss it, your license is suspended automatically. If you request the hearing, your attorney can fight to keep your license.

3. Do I need a lawyer?

Yes. A DWI conviction can result in jail time, a suspended license, increased insurance rates, and a permanent criminal record. An experienced attorney can challenge the traffic stop, the field sobriety tests, and the breathalyzer results. They can also help you request the ALR hearing and fight to keep your license.

4. What is the ALR hearing?

The ALR hearing is a civil hearing to determine whether your license should be suspended. You have 15 days to request it. At the hearing, your attorney can cross-examine the arresting officer and use their testimony in your criminal case. If you win, your license is not suspended.

5. Will I go to jail?

For a first DWI, jail time is not automatic. Many first-time offenders receive probation. However, a DWI with an open container carries a mandatory minimum of 6 days in jail. A DWI with a child in the car is a felony and carries a potential prison sentence.

6. Can I get my DWI expunged?

If your case is dismissed or you are acquitted, you may be eligible for expungement. If you complete deferred adjudication, you may be eligible for nondisclosure (sealing) in some counties. A conviction cannot be expunged.

7. What is deferred adjudication?

Deferred adjudication allows you to plead guilty or no contest, complete probation, and have the case dismissed. No conviction appears on your record. Deferred adjudication is available for first-time DWI offenders in some counties.

8. Will I lose my job?

It depends on your job. Some employers have policies about DWI arrests. Professional licenses can be affected. Your attorney can help you understand the potential impact on your career.

9. What about my insurance rates?

A DWI conviction will likely increase your insurance rates significantly. Some insurers will drop you entirely. Even an arrest without a conviction can affect your rates.

10. What if this is my second or third DWI?

A second DWI is a Class A misdemeanor with a mandatory minimum of 3 days in jail (6 days if there was an open container). A third DWI is a third-degree felony, punishable by 2 to 10 years in prison.

For residents across Central Texas, these questions are urgent—and the answers can make all the difference.

What to Do Immediately After a DWI Arrest

The hours after a DWI arrest are critical. What you do—and what you don’t do—can affect the outcome of your case.

Step 1: Exercise Your Right to Remain Silent

You have the right to remain silent. Use it. Do not answer questions about where you were coming from, what you had to drink, or how much you drank. Politely decline to answer. Anything you say can be used against you.

Step 2: Do Not Consent to a Search

You have the right to refuse consent to a search of your vehicle. Politely say, “I do not consent to a search.” If the officer searches anyway, your attorney can challenge the legality of the search later.

Step 3: Request an ALR Hearing

You have 15 days from the date of your arrest to request an ALR hearing. This is a strict deadline. If you miss it, your license is suspended automatically. Contact an attorney immediately to request the hearing.

Step 4: Contact an Attorney

The sooner you have an attorney on your side, the better. Your attorney can request the ALR hearing, begin investigating your case, and advise you on what to do next.

Step 5: Document Everything

Write down everything you remember about the stop: the officer’s name, what was said, what tests were administered, any witnesses. This information can be critical to your defense.

For those in the Austin area, acting quickly after a DWI arrest is essential.

The 15-Day ALR Deadline: Don’t Miss It

The most important deadline after a DWI arrest is the 15-day ALR request deadline. Miss it, and your license is suspended automatically.

What the ALR Hearing Is:

• A civil hearing before an administrative law judge

• Focuses solely on your license, not the criminal case

• Determines whether your license should be suspended

Why the ALR Hearing Matters:

• You can keep your license if you win

• Your attorney can cross-examine the arresting officer under oath

• The officer’s testimony can be used in your criminal case

• Even if you lose, you may be eligible for an occupational license

Don’t Miss the Deadline:

If you miss the 15-day deadline, your license is suspended automatically. There is no second chance. The officer’s failure to inform you of the deadline is not an excuse.

For drivers across Central Texas, the ALR hearing is your first and best chance to protect your license.

Field Sobriety Tests: Should You Take Them?

Field sobriety tests (FSTs) are voluntary. You have the right to refuse them.

What the Tests Are:

• Horizontal Gaze Nystagmus (HGN): Eye movement test

• Walk and Turn: Nine-step walk, turn, and return

• One-Leg Stand: Standing on one leg for 30 seconds

Why You Should Refuse:

• They are designed to be difficult, even for sober people

• Medical conditions, fatigue, and nervousness can affect performance

• Officers often misadminister the tests

• The officer’s report may not match the video evidence

What to Say:

Politely say, “I decline to perform field sobriety tests.” The officer will likely arrest you anyway—but you will have denied them key evidence.

For residents of the Austin metro area, refusing field sobriety tests is often the best choice.

The Breathalyzer: To Blow or Not to Blow?

Under Texas law, you have given “implied consent” to chemical testing by driving. Refusing the breath test results in an automatic license suspension.

If You Take the Test:

• The State has evidence of your BAC

• Your license is suspended for 90 days (if your BAC is 0.08 or higher)

• The test results can be challenged in court

If You Refuse the Test:

• The State does not have BAC evidence

• Your license is suspended for 180 days

• The refusal can be used against you in court, but it is not conclusive proof of intoxication

The Decision:

There is no single right answer. Your attorney can help you understand the tradeoffs based on your specific situation.

For those in Central Texas, the decision to consent or refuse is one your attorney can help you navigate.

Occupational License: Driving During Suspension

If your license is suspended, you do not have to stop driving entirely. An occupational license allows you to drive for work, school, and essential activities.

Who Is Eligible:

• You have a valid driver’s license that is suspended

• You have no outstanding warrants

• You have not been convicted of certain serious offenses

The Process:

• File a petition in district court

• Provide proof of insurance (SR-22)

• Submit an affidavit of essential need

• Pay court costs

• Obtain a court order authorizing you to drive

What You Can Drive For:

• Work

• School

• Medical appointments

• Essential household needs

For drivers across the Austin area, an occupational license can keep your life moving while your case is pending.

Frequently Asked Questions About DWI Arrest in Austin, Texas

When clients come to our office—whether from the urban core of Austin, the suburbs to the north and south, or the Hill Country communities—they have the same questions. Here are the answers.

How long do I have to request an ALR hearing?

You have 15 days from the date of your arrest to request an ALR hearing. This is a strict deadline.

What happens if I miss the ALR deadline?

Your license is suspended automatically. There is no second chance.

Should I take field sobriety tests?

No. Field sobriety tests are voluntary. Politely decline.

Should I take the breathalyzer?

Refusing results in a 180-day suspension. Taking it gives the State evidence. The decision depends on your circumstances.

Do I need an attorney for a DWI?

Yes. A DWI conviction can result in jail time, license suspension, and a permanent criminal record. An experienced attorney can challenge the evidence and protect your rights.

What is deferred adjudication?

Deferred adjudication allows you to complete probation and have the case dismissed with no conviction on your record. It is available for first-time DWI offenders in some counties.

Can I get my DWI expunged?

If your case is dismissed or you are acquitted, you may be eligible for expungement. If you complete deferred adjudication, you may be eligible for nondisclosure.

Why Barton & Associates for DWI Defense in Austin

A DWI arrest raises more questions than answers. Our attorneys have spent decades in courtrooms across Central Texas, guiding people through the most stressful time in their lives. We know the rules. We know the deadlines. We know the strategies that work.

We are here to answer your questions, protect your rights, and fight for your future.

Take the First Step Toward Getting Your Questions Answered

If you have been arrested for DWI, you do not have to navigate this alone. The questions you have are urgent—and the answers can make all the difference. Do not wait. The 15-day ALR deadline is strict. The sooner you have an experienced attorney on your side, the better your chances of protecting your license and your future.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced DWI defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you find the answers you need.

Main Category: Criminal Defense Austin
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)