What to Do in the First 72 Hours After a DWI Arrest in Houston

The First 72 hours After a DWI Arrest Matter More Than Most People Realize

After a DWI arrest in Houston, most people go home in shock, exhausted, and overwhelmed. They tell themselves they’ll “deal with it later,” once things calm down or once they get their court date.

That instinct is understandable — and it’s also one of the biggest mistakes I see.

As a Houston DWI defense attorney, I can tell you this plainly: the first 72 hours after a DWI arrest often determine how much damage can be controlled later.

Not because something dramatic happens in those three days — but because critical legal clocks are already ticking, and key evidence decisions are quietly being made.

Your first 72 hours after a DWI arrest. Lady justice looking through the hourglass.

Why the 72-Hour Window Is So Important in a Texas DWI Case

A DWI case doesn’t begin when you go to court. It begins the moment you are arrested.

From that moment forward:

• Your driver’s license is already at risk

• Evidence is already being logged, stored, and sometimes overwritten

• Deadlines are already counting down

• The State is already building its version of what happened

Most people don’t realize they are in a race until they are already behind. What the state of Texas sees as a DWI.

Step One: Do Not Assume Your License Is Safe

One of the most dangerous assumptions people make after a DWI arrest is that their driver’s license is fine until a judge says otherwise.

That is not how it works in Texas.

If you refused or failed a breath or blood test, your arrest triggered the Administrative License Revocation (ALR) process — a completely separate civil case that can suspend your license even if your criminal DWI case is later dismissed.

You have 15 days from the date of arrest to request an ALR hearing.If you miss that deadline, your license suspension begins automatically.

I regularly meet people who call me on day 16 or 17 and ask if anything can still be done. In most cases, the answer is no.

Step Two: Preserve Evidence Before It Disappears

This is the part almost no one thinks about — and it’s where enormous leverage is often lost. Key DWI evidence is not kept forever. Dash-cam video, Body-cam video, Jail intake video, Breath test maintenance logs, Blood draw documentation.

Much of this material can be overwritten, lost, or destroyed if it is not formally requested and preserved early. Once it’s gone, it’s gone.

And when it’s gone, so are many of the best defense opportunities.

Step Three: Don’t Lock Yourself Into the State’s Narrative

In the first few days after an arrest, people often start talking — to friends, coworkers, family members, and sometimes even investigators.

They replay the night out loud.They speculate about what they “must have looked like.”They fill in gaps with assumptions.

That story hardens quickly.

Later, when video evidence or testing flaws surface, it becomes much harder to separate fact from assumption.

Early silence isn’t about being evasive. It’s about not building a narrative you may later regret.

Step Four: Understand That Court Is Not Where Most Damage Is Prevented

Most people believe the real work in a DWI case happens in the courtroom.

In reality, most meaningful leverage is created long before the first court appearance.

It happens when:

• Evidence is challenged early

• Officers are locked into testimony

• Testing flaws are documented

• Deadlines are met instead of missed

By the time a judge sees your case for the first time, many of the most important strategic doors are already either open — or permanently closed.

Why Houston DWI Cases Move Faster Than People Expect

Harris County courts move quickly. Prosecutors are handling massive caseloads. Administrative deadlines run separately from criminal ones.Evidence pipelines are automated.

This means delays rarely help the defense. Time almost always helps the State.

That’s why waiting “to see what happens” after a DWI arrest almost never works in your favor.

What I Want Houston Drivers to Understand Right Now

Here is the truth most people don’t hear soon enough:

You don’t have to decide how to fight your DWI case in the first 72 hours —but you do have to decide whether you want to preserve your options.

Those are two very different decisions.

Once deadlines are missed and evidence is lost, no lawyer can bring them back.

Learn More About Your Houston DWI Defense Options

If you’ve been arrested for DWI in Houston or Harris County, and you’re still within the first few days after your arrest, understanding what matters now can make a meaningful difference in how your case unfolds.

For a complete overview of how a DWI case progresses — from arrest through resolution — visit our Houston DWI Defense Guide.