What Happens After an Arrest and Release from Jail on a DWI?

You've been released from jail after the worst night of your life after a DWI arrest. Now what?

I practice in Collin and Dallas counties in Texas. Other Texas counties may have different quirks of how they do things – but are (hopefully) within the bounds of Texas law.

You’re immediately responsible for two things when you get released.

First is that if your driver’s licenses was taken by the officer because you either refused the breath test or the machine reading was above a 0.08 – you have 15 days from the date of the arrest to file for an Administrative Law Review Appeal (“ALR”). If you don’t file your appeal, your temporary driver’s license (the yellow sheet of paper they’ve given you at the jail) will be valid for only 40 days from the date of arrest. If you do appeal – the suspension is put off until your hearing, which is usually farther out than 40 days. If you win the ALR, your license doesn’t get suspended. If you lose the ALR, you may be eligible for an occupational license.

Second is that, in all likelihood, you’ll get a notice to come to Court. Collin County will mail your court date usually somewhere between one and two months after your arrest -- but it can be sooner so watch your mailbox! Dallas gives you a case number and has you check in every few weeks until the case is filed – at which point you can begin evaluating the nuts and bolts of your case.

Collin County will sometimes give you an immediate court date a week or so after your release from jail on a DWI for the purposes of complying with Texas code provisions that require a judge to assess whether you need an interlock device (deep lung device) on your car. You should get this notice upon leaving jail if you get it at all.

In tomorrow’s blawg, I’ll discuss what you can expect on your first court appearance for a DWI.