Getting arrested for a DWI in Texas is overwhelming—and what you do in the hours immediately after your arrest can make or break your case. Unfortunately, many people make the wrong moves, talk too much, or underestimate how serious a DWI charge really is.
If you or someone you care about is facing a DWI in Texas, knowing what not to do is just as important as knowing what steps to take next.
Here are the top three mistakes people make after getting arrested for DWI—and what you should do instead to protect your license, your freedom, and your future.
Mistake #1: Talking to the Police Without a Lawyer
When you are pulled over or arrested, it is natural to want to explain yourself. But the truth is, anything you say can and will be used against you in court.
Even seemingly innocent comments such as:
Saying you only had a couple of drinks
Explaining that you were just trying to get home
can strengthen the prosecution’s case.
What to do instead:
Politely provide basic information like your name and ID. Then clearly state that you want to speak with your attorney. This step can prevent you from saying something that might hurt your defense later on.
Mistake #2: Not Taking the Charges Seriously
Many people assume a DWI in Texas is just a minor traffic offense. It is not.
This record can affect your job, housing options, and even your ability to travel. Ignoring the seriousness of a DWI often leads to missed deadlines, weakened defense strategies, and long-term consequences.
Mistake #3: Waiting Too Long to Get Legal Help
The longer you wait to get legal help, the harder it becomes to build a strong case. A DWI attorney can:
If you delay, crucial evidence can disappear, and your options for challenging the arrest may fade.
Do not just hire the cheapest option or a general lawyer. You need someone who understands Texas DWI law and knows how to fight for the best possible outcome.
What You Should Do Right Now
Hire a DWI attorney immediately. The sooner an attorney gets involved, the better your chances of building a solid defense. A skilled DWI lawyer can review case details, challenge field sobriety tests, and guide you through plea negotiations or trial preparation.
Stay calm and remain silent. Be polite and cooperative—but do not answer any questions about where you were or how much you drank. Avoid emotional reactions or sudden movements. Inform the officer that you choose to remain silent and want to speak with your attorney.
Document everything. Start gathering details while the events are still fresh:
When and where the stop happened
What the officer said and did
Any witnesses who saw what happened
Also, note if there were dash cams, body cams, or nearby surveillance footage that could help your case. These details can make a big difference later on.
Final Thoughts on DWI in Texas
Getting arrested for a DWI in Texas is serious—but you still have rights and options.
To recap:
Do not talk to the police without a lawyer
Do not assume it is not a big deal
Do not wait to get legal help
Stay calm
Remain silent
Act fast to protect yourself
Do You Need Help After a DWI in Texas?
If you have been arrested for DWI and are not sure what steps to take next, it is time to act. Do not wait until things spiral out of control. Talk to a professional who can help you understand your rights and fight for your future.
Joseph Ruiz is the founder of the Law Office of Joseph Ruiz, PLLC in Houston, Texas. A criminal defense attorney with 20 years of experience, he focuses his practice on DWI and other serious charges. Licensed in Texas since 2004, he earned his J.D. from St. Mary’s University School of Law after completing his B.A. at Vanderbilt University. Ruiz has authored articles for the Harris County Criminal Lawyers Association on trial strategy and juror persuasion.
