What is the Process After Being Arrested for DWI?

DWI defendants must get out of jail and deal with the ALR process.

Every year, police officers arrest hundreds of thousands of people for DWI. These incidents shot up during and after the coronavirus pandemic. In 2025, many police departments have a “take back the streets” mentality in this area. DWI laws in Texas are particularly harsh. But before the case goes to court, a defendant must go through a post-arrest process that’s unlike any other criminal case.

A Ft. Worth criminal defense lawyer advocates for defendants throughout this process. A strong beginning does not always guarantee a successful outcome. But as any athlete knows, it is much easier to play from ahead than from behind. Diligent advocacy through the DWI pretrial process often sets the stage for a successful outcome later.

Jail Release

DWI defenses take time to develop. Pretrial detention rushes the process, often making it impossible to effectively present a defense. No one wants to sit in jail for several months while a Ft. Worth criminal defense lawyer builds a DWI defense, especially if prosecutors offer probation during initial plea bargaining sessions.

Since DWI is a nonviolent offense, three jail release options are available, at least in many North Texas counties.

• Pretrial Release: This option may be available in a borderline BAC case, like a .08 or .09. If the defendant promises to abide by all release conditions, which include appearing in court and usually installing an IID (Ignition Interlock Device, or blow-and-go), the sheriff releases the defendant.
• Cash Bail: This alternative may be a good idea in first-time DWI cases. Posting bail is like putting up a security deposit. If the defendant complies with all conditions, the county refunds most of the deposit after a Ft. Worth criminal defense lawyer resolves the case.
• Bail Bond: A bail bond, which is like an insurance policy, is an excellent fallback option. Generally, if the defendant pays about a 10 or 15 percent premium, the bonding company assumes the financial risk if the defendant skips bail. The defendant is still subject to rearrest in these situations.

If bail is initially unavailable or initially too high, an attorney schedules a bond reduction hearing. At this hearing, the judge must set reasonable bail based on certain factors, such as the severity of the offense, the defendant’s ability to pay, and the defendant’s ties to the community.

ALR Drivers’ License Suspension

Texas is an implied consent state. Therefore, the state may unilaterally suspend the defendant’s driver’s license if s/he failed a chemical test or refused to submit to a test upon reasonable request.

Strict time deadlines apply in these cases. Usually, a defendant has only fifteen days to appeal the suspension, starting from the arrest date. If the defendant does not timely appeal, the full suspension automatically goes into effect.

Attorneys not only advocate for defendants at ALR hearings. They also use this opportunity to obtain valuable discovery. During the hearing, an attorney gets to cross-examine the arresting officer under oath and on the record. Essentially, the ALR process lets an attorney depose the officer for free.

ALR appeal is a no-risk proposition. Full driver’s license suspension is the worst possible outcome, and that result would’ve happened even if the defendant did nothing. In these cases, an attorney usually obtains a hardship license for the defendant, which allows him/her to drive for essential purposes.

Work With a Savvy Tarrant County Attorney

DWI cases take many twists and turns before they go to court. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Virtual, home, and jail visits are available.