You just got out of jail. Or maybe you’re still waiting to be processed. The arrest happened — or is happening — and everything feels like it’s moving too fast and too slow simultaneously. You need to know what to do right now, in the right order, and why each step matters.
This is that guide. Herman Martinez has walked clients through this process hundreds of times as a DWI defense attorney in Houston, and before that, he watched it from the other side as a Harris County chief prosecutor. What follows is the most useful sequence of information and actions he can give you in the immediate aftermath of a DWI arrest.
What’s Happening Right Now: The Arrest and Booking Process
When you were arrested for DWI in Houston, you were likely transported to either the Harris County Jail (downtown Houston) or a local city detention facility depending on the jurisdiction. You went through a booking process: photograph, fingerprints, inventory of property, medical screening, and placement in a holding area or cell.
Before or during booking, you were likely asked to provide a breath or blood sample. If you agreed to a breath test, you used the Intoxilyzer 9000 at the jail. If you refused, or if the officer sought a blood draw, a more involved process took place. Whether you provided a sample and what the result was — these are among the most important facts in your case, and we’ll address them in detail.
At some point during or after booking, you received paperwork. This paperwork contains time-sensitive information about your rights. Do not lose it. Do not throw it away. It is some of the most important paper you currently own.
The Forms You Received — and What Each One Means
Texas law requires officers to provide specific written notices at the time of DWI arrest. Three forms matter most:
DIC-24: The Statutory Warning
This form documents that the officer informed you of your right to refuse chemical testing, the consequences of refusal (automatic license suspension), and the consequences of providing a sample that showed intoxication. It is part of the “implied consent” framework — by accepting a Texas driver’s license, you impliedly consent to testing when lawfully arrested for DWI. The DIC-24 is the officer’s documentation that the required warnings were given.
DIC-25: The Notice of License Suspension
This is the most time-sensitive form you received. The DIC-25 is the notice of administrative license suspension (or revocation). It tells you that your license is being suspended — either because you provided a breath or blood test result at or above .08, or because you refused testing. The DIC-25 also informs you of your right to request an administrative hearing to contest that suspension.
The 15-day deadline starts from the date of this form. You have 15 calendar days from the date of service of the DIC-25 to request an ALR (Administrative License Revocation) hearing. If you miss this deadline, you waive your right to contest the suspension entirely, and your license will be suspended automatically when the suspension effective date arrives (typically 40 days after arrest). This is one of the most critical deadlines in your entire DWI case.
Read the ALR hearing process guide to understand what this hearing is and why fighting it matters even beyond just keeping your license.
DIC-23: The Breath/Blood Test Record
If you provided a breath or blood sample, this form documents that fact. For breath tests, the form may contain the actual result. For blood tests, you may not receive results immediately because the blood must be submitted to a laboratory for analysis — results can take weeks or even months. The DIC-23 is part of the evidentiary chain that your attorney will examine.
Who to Call First — and Who NOT to Call
You’ve been released (or will be released soon). Your instinct may be to call family, friends, or to vent about what happened. Resist certain urges while acting on others.
Call first: Your DWI attorney. The single most important call you can make is to an attorney who handles DWI defense in Harris County. The 15-day ALR clock, the evidence preservation window, and the early strategic decisions in your case all begin immediately. Every day without attorney representation is a day of potential opportunity lost. This call takes priority over everything except getting yourself physically safe and secure.
Call next: The person who can pick you up. You need a safe way home. Call someone you trust who won’t put pressure on you to talk about what happened.
Do NOT call: People who might gossip or spread information. Word of a DWI arrest travels. Anything you say to friends, colleagues, or extended family can find its way back to prosecutors through witnesses, social media, or other channels. Keep the circle of people who know the details very small until your attorney has given you guidance.
Do NOT call your employer yet. Unless there is a genuine immediate need — you’re missing a shift, you have an urgent obligation — wait until you’ve spoken with your attorney about what and when to disclose. Your attorney can help you think through the employment implications.
What to Say to Police vs. What to Write Down for Your Attorney
By the time you’re reading this, you’ve already had the encounter with police. But there may be additional contact — follow-up questions, documentation, officers at your home, or officers contacting you by phone in the coming days. The same principles apply now as they did during the arrest:
You have the right to remain silent. You have the right to have an attorney present during questioning. If a law enforcement officer contacts you after your release with questions about the DWI or related matters, you should politely say: “I’m going to speak with my attorney before answering any questions.” Then call your attorney.
What you should write down for your attorney — now, while your memory is fresh:
- Everything you ate and drank in the 12 hours before the arrest (time, amounts, locations)
- When you last ate a meal before driving
- Where you were going when you were pulled over, and where you’d been
- The exact circumstances of the traffic stop — why the officer said they stopped you
- What questions the officer asked and what you said
- Whether you agreed to field sobriety tests and what you remember about them
- Whether you agreed to a breath or blood test; if so, what the results were
- Whether any other officers were present
- Whether there was a dashcam in the police vehicle
- The officer’s name and badge number (from paperwork if you don’t remember)
- Any medical conditions you have that could affect the investigation
- Any medications you were taking
- Anything the officer said or did that seemed unusual or improper
Write this down now, in as much detail as you can remember, and give it to your attorney at your first meeting. Memory degrades quickly and details that seem obvious now may be fuzzy in two weeks.
Why You Should NOT Post Anything on Social Media
This deserves its own section because it is genuinely one of the most common ways people inadvertently damage their own DWI defense.
A frustrated post about “the unfair arrest.” A check-in at a bar earlier in the evening that is now in your timeline with a timestamp. A photo from the event you attended that night. Friends commenting “how are you doing?” in ways that prompt you to share information. All of this creates a record that prosecutors can subpoena, that background check services will flag, and that can directly contradict statements or defenses your attorney may want to develop.
The rule is simple: no posting about the arrest, the night in question, the police, the case, the outcome you want, your anger, your relief, or anything related to the incident — on any platform — until your case is completely resolved. Tell your close family members the same thing. A supportive family member posting “praying for [your name] after last night” helps no one and potentially hurts you.
The 15-Day ALR Clock: Plain English Explanation
Texas has a two-track system when you’re arrested for DWI. The criminal case — where you face jail time, fines, and a criminal record — moves through the county court system. Separately, the Texas Department of Public Safety (DPS) runs an administrative process to suspend your driver’s license. These are parallel proceedings, and each has its own timeline.
The administrative suspension process is governed by Texas Transportation Code Chapter 524 (for BAC test failure) or Chapter 724 (for test refusal). When you were served with the DIC-25 notice, that started the clock for this process.
You have 15 calendar days from the date of the DIC-25 to request an ALR hearing. Not 15 business days. Calendar days, including weekends and holidays. If day 15 falls on a weekend, the deadline may be affected, but do not count on an extension — request the hearing as early as possible.
To request the hearing, you (or your attorney) must contact DPS’s Administrative License Revocation hearing request line. Your attorney can do this for you. In fact, this is one of the first things Herman does when he takes a DWI case — request the ALR hearing immediately to preserve the right and buy time to build a defense strategy around the administrative suspension.
Why does this matter beyond just keeping your license? Because the ALR hearing creates a sworn testimony record of the arresting officer. That testimony — about the stop, the investigation, what they observed — can later be used for cross-examination at the criminal trial if the officer’s story changes. It is a discovery tool as much as a license defense tool.
What Happens to Your License Right Now
If you provided a breath or blood test that registered .08 or above, or if you refused testing, your license is suspended — but not immediately. The DIC-25 serves as a temporary driving permit that allows you to continue driving for 40 days from the date of the notice (if no hearing is requested). If you request an ALR hearing, your ability to drive continues during the pendency of that hearing process. If no hearing is requested and no hearing is held, the suspension kicks in after the 40-day temporary permit period.
This means you can likely drive legally right now, during the 40-day period or during the hearing process. But you need to be operating with your DIC-25 form in the vehicle along with your license. If you’re pulled over without it, the officer may not be aware of the temporary permit status.
If you need to drive for work, school, or household needs during a suspension period, an occupational driver’s license is the mechanism for maintaining legal driving privileges.
How to Choose a DWI Attorney in the Next 24-48 Hours
You need an attorney quickly, but you also need the right attorney. Here’s what to look for and what to ask:
| What to Ask | Why It Matters |
|---|---|
| Do you practice primarily DWI defense? | DWI law is specialized; a general practice attorney may miss field sobriety test issues or chemical test challenges |
| Do you practice in Harris County courts? | Local court knowledge, judge familiarity, and DA relationships matter significantly |
| Will you personally handle my case? | Some firms hand cases to junior associates; know who will actually be in the courtroom |
| Can you request my ALR hearing today? | This is an immediate priority; the answer tells you how prepared they are to act quickly |
| What’s your experience with the specific type of evidence in my case? | Blood test? Breath test? Drug recognition? Each requires specific expertise |
| Have you been a prosecutor? What does that give you? | Former prosecutors understand how cases are built and evaluated from the inside |
Herman Martinez is a former Harris County chief prosecutor who now focuses on DWI and criminal defense. He personally handles his cases. He practices in Harris County courts every day. He will request your ALR hearing immediately upon engagement. He has the specific experience — on both sides — that makes a genuine difference in how DWI cases are handled and resolved.
What Happens at Your First Court Date
Your paperwork will include a court date — either listed on your citation/release paperwork or coming in the mail in the coming days. For a misdemeanor DWI in Harris County, the first court setting is typically an arraignment or initial appearance in County Criminal Court at Law. At this setting, you enter a plea (always not guilty at this stage) and the case is set for further proceedings.
Having an attorney before this first court date is important. An attorney can often appear on your behalf at routine initial settings, which means you may not need to take time off work. More importantly, an attorney who has been working on your case will already have requested the ALR hearing, begun reviewing available evidence, and be in a position to assess early-stage plea discussions (if any) with knowledge of the actual evidence.
Do not appear at your first court date without an attorney. This is not the setting at which the case is decided, but it is the beginning of the court record of your case, and having representation from the very first appearance sets the tone.
The Next 24 Hours: Your Priority List
To summarize the most time-sensitive actions you need to take right now:
- Gather all paperwork from the arrest — DIC-25, DIC-24, DIC-23, citation, release paperwork
- Write down everything you remember from the evening in as much detail as possible
- Do not post anything on social media
- Do not discuss the details of your case with anyone except your attorney
- Call a DWI attorney today — the 15-day clock is running
- Let your attorney request the ALR hearing; this single action preserves rights and buys time
Herman Martinez Is Ready to Help You Right Now
A DWI arrest in Houston is serious. But it is not a conviction, and it does not have to define your future. The steps you take in the first 24 hours — including who you call for legal representation — will shape how your case unfolds from here.
Herman Martinez has helped hundreds of Harris County residents navigate this exact situation. He knows what needs to happen immediately, what evidence needs to be preserved, and how to build a defense that challenges the prosecution’s case at every level. For a more detailed look at what happens specifically in the DWI defense process in Harris County, that resource walks through the full case timeline.
Call Herman now at (713) 242-1779. The call is free, confidential, and could be the most important call you make today. Or submit the online case evaluation form right now and get a response quickly. Don’t wait. The clock is already running.
