Common Questions After a DWI Arrest in Corpus Christi: What You Need to Know to Protect Your Rights

The flashing lights in your rearview mirror. The field sobriety tests. The handcuffs. In an instant, your life changed. Now you are facing a DWI charge in Corpus Christi, and you have questions. Do I need a lawyer? Will I lose my license? What happens if I refused the breathalyzer? Can I go to jail? The hours and days after a DWI arrest are filled with uncertainty and fear. But you are not alone. Understanding your rights and the process ahead is the first step toward protecting your future. In this guide, we answer the most common questions people have after a DWI arrest in Corpus Christi.

At Barton & Associates, Attorneys at Law, we have helped thousands of individuals throughout Corpus Christi and the Coastal Belt navigate DWI charges. Whether you were stopped on South Padre Island Drive, pulled over on Staples Street, or involved in an accident on the Crosstown Expressway, we provide the answers and representation you need to protect your rights and your future. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the DWI process.

What Should I Do Immediately After a DWI Arrest?

Your actions immediately after a DWI arrest can significantly affect the outcome of your case. Here is what you need to know:

Do Not Answer Questions Without an Attorney

You have the right to remain silent. Exercise it. You are not required to answer questions about where you were going, what you were doing, or whether you had been drinking. Politely tell the officer, “I am invoking my right to remain silent. I want to speak with an attorney.”

Do Not Consent to a Search

You have the right to refuse consent to a search of your vehicle. If the officer asks if they can search your car, you can say, “I do not consent to a search.” However, if the officer has probable cause, they may search anyway.

Remember the Details

Write down everything you remember as soon as possible. Where were you stopped? What did the officer say? How many field sobriety tests did they ask you to perform? Were there any witnesses? These details may be important for your defense.

Contact an Attorney

Contact a DWI defense attorney as soon as possible. The clock is already ticking on your ALR hearing deadline.

What Is the ALR Hearing and Why Is the 15-Day Deadline So Important?

When you are arrested for DWI, the officer takes your driver’s license and issues a notice of suspension. You have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing. This is the most important deadline in your DWI case.

What Happens If You Miss the 15-Day Deadline?

If you do not request an ALR hearing within 15 days, your license will be automatically suspended. You will have no opportunity to challenge the suspension. The suspension will go into effect 40 days after your arrest.

What Happens at the ALR Hearing?

The ALR hearing is a civil hearing before an administrative law judge. The judge decides whether your license should be suspended. The hearing focuses on:

• Whether the officer had reasonable suspicion to stop your vehicle

• Whether the officer had probable cause to arrest you

• Whether you refused to provide a breath or blood sample

• Whether your BAC was above 0.08

If you win the ALR hearing, your license is not suspended. You can continue driving while your criminal case proceeds.

What Happens If I Refused the Breathalyzer?

In Texas, you have the right to refuse a breathalyzer or blood test. However, refusal carries consequences:

Automatic License Suspension

Refusing a breath or blood test results in an automatic license suspension:

• First refusal: 180 days

• Subsequent refusal: 2 years

Use Against You in Court

The fact that you refused can be used against you in court. The prosecutor may argue that your refusal shows you knew you were intoxicated.

No Refusal Weekends

In Corpus Christi and throughout Texas, law enforcement conducts “no refusal” weekends where they obtain warrants for blood tests from on-call judges. Refusal does not guarantee you will not be tested.

Will I Lose My License?

Your license may be suspended through the ALR process or as a result of a conviction. However, you may be eligible for an occupational license to drive for essential purposes such as work, school, and medical appointments.

How Long Is the Suspension?

• First DWI (BAC below 0.15): 90 days to 1 year

• First DWI (BAC 0.15 or above): 1 year

• Second DWI: 180 days to 2 years

• Third DWI: 180 days to 2 years

• Refusal: 180 days (first refusal)

Can I Go to Jail for a First DWI?

Yes. A first DWI is a Class B misdemeanor, punishable by 3 to 180 days in jail. However, many first-time offenders receive probation instead of jail time. The court may impose conditions such as:

• DWI education program

• Community service

• Fines and court costs

• Random drug and alcohol testing

• Ignition interlock device

If your BAC was 0.15 or above, the penalties are higher, and jail time is more likely.

What Is the Difference Between a DWI and a DUI?

In Texas, DWI (Driving While Intoxicated) applies to adults. DUI (Driving Under the Influence) applies to minors under 21. A minor can be charged with DUI for any detectable amount of alcohol (0.00 BAC). Adults are charged with DWI.

What Are Field Sobriety Tests?

Field sobriety tests are roadside tests used by officers to gather evidence of intoxication. The three standardized tests are:

Horizontal Gaze Nystagmus (HGN)

The officer checks for involuntary jerking of the eyes as they follow an object. This test can be affected by medical conditions, fatigue, and other factors.

Walk-and-Turn

You are asked to take nine steps in a straight line, turn, and return. This test can be affected by age, injury, footwear, and uneven pavement.

One-Leg Stand

You stand on one leg for 30 seconds. This test can be affected by balance issues, injury, and other physical conditions.

Field sobriety tests are not always reliable. Your attorney may challenge whether they were administered properly or whether other factors affected your performance.

What Is the Intoxilyzer 9000?

The Intoxilyzer 9000 is the breathalyzer machine used by Texas law enforcement. It is designed to measure blood alcohol concentration (BAC). However, the machine can produce inaccurate results due to:

• Improper calibration

• Operator error

• Mouth alcohol (from burping, vomiting, or dental work)

• Medical conditions (GERD, diabetes, etc.)

• Environmental factors

Your attorney may challenge the breathalyzer results if there are issues with the machine or its operation.

How Long Does a DWI Stay on Your Record?

A DWI conviction stays on your record permanently. It cannot be expunged unless the case was dismissed or you were acquitted. However, you may be eligible for an occupational license and other relief even with a conviction.

Should I Hire a DWI Attorney?

Yes. A DWI charge can result in jail time, license suspension, and a permanent criminal record. A DWI conviction can affect your employment, professional licensing, and insurance rates. An experienced DWI defense attorney can help you:

• Understand your rights

• Challenge the evidence against you

• Request an ALR hearing within the 15-day deadline

• Negotiate with the prosecutor

• Protect your license and your future

Frequently Asked Questions About DWI Arrests

Do I have to take field sobriety tests?

No. Field sobriety tests are voluntary. You can politely decline to perform them. However, declining may be noted by the officer.

Do I have to take the breathalyzer?

In Texas, you have the right to refuse a breathalyzer. However, refusal results in automatic license suspension and can be used against you in court.

What is the 15-day deadline?

You have 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing. If you miss this deadline, your license will be automatically suspended.

Can I get an occupational license?

Yes. If your license is suspended, you may be eligible for an occupational license to drive for essential purposes such as work, school, and medical appointments.

What is the difference between a DWI and a DUI?

DWI applies to adults. DUI applies to minors under 21. DUI requires only any detectable amount of alcohol (0.00 BAC). DWI requires a BAC of 0.08 or above or loss of normal faculties.

Can I go to jail for a first DWI?

Yes. A first DWI carries a sentence of 3 to 180 days in jail. However, many first-time offenders receive probation instead of jail time.

What happens if I refused the breathalyzer?

Refusal results in automatic license suspension (180 days for first refusal) and can be used against you in court.

How long does a DWI stay on my record?

A DWI conviction stays on your record permanently. Expungement is not available for convictions.

Do I need an attorney for a DWI?

Yes. A DWI can result in jail time, license suspension, and a permanent criminal record. An experienced DWI defense attorney can help you protect your rights and your future.

How much does a DWI cost?

A DWI can cost thousands of dollars in fines, court costs, attorney fees, license surcharges, and increased insurance rates.

Why Barton & Associates Is the Right Choice for Your DWI Defense

A DWI arrest is overwhelming. You have questions, deadlines, and serious consequences ahead. At Barton & Associates, Attorneys at Law, we have helped thousands of individuals in Corpus Christi and the Coastal Belt navigate DWI charges. We understand the stress and uncertainty you are facing, and we are here to help.

Our attorneys understand the 15-day ALR deadline, the strategies for challenging field sobriety tests and breathalyzers, and the importance of protecting your license. We work closely with our clients to answer their questions, explain their options, and develop a defense strategy tailored to their unique circumstances.

We also understand that a DWI arrest can be a frightening experience. Our attorneys approach these cases with dedication, helping our clients navigate the legal system while protecting their rights, their license, and their future.

Get the Answers You Need Today

If you were arrested for DWI in Corpus Christi, you have questions and you have deadlines. The 15-day ALR hearing deadline is fast approaching. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us answer your questions and help you protect your future.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780