The Clock Starts at the Moment of Arrest

A DWI arrest is disorienting and frightening — but what you do in the hours and days immediately following your arrest can have a direct impact on the outcome of your case. Certain deadlines are strict and unforgiving. Certain mistakes can be used against you. Here is a practical, step-by-step guide to the critical first 48 hours after a DWI arrest.

Step 1: Exercise Your Right to Remain Silent

This cannot be overstated. After being arrested, anything you say can and will be used against you in court. Be polite, provide your name and identification as required, but do not:

  • Explain where you were or how much you had to drink
  • Apologize or make any statements about your condition
  • Try to talk your way out of the situation

Simply state clearly: "I am invoking my right to remain silent and would like to speak with an attorney." Then stop talking.

Step 2: Understand the Booking Process

After your arrest, you will be transported to a police station or jail for booking. This process typically involves:

  • Recording your personal information
  • Fingerprinting and photographing (mugshot)
  • Inventory and storage of your personal belongings
  • A chemical test (breathalyzer or blood test) — which you are generally legally required to submit to under implied consent laws
  • Placement in a holding cell until bail is set or you are released

The booking process typically takes several hours. Be patient, cooperative with procedural requirements, and continue to say nothing beyond what is legally required.

Step 3: Post Bail or Wait for Release

In many first-offense DWI cases, you may be released on your own recognizance (OR) — meaning you're freed without paying bail, based on your promise to appear in court. In other cases, a bail amount will be set. Options include:

  • Cash bail: Pay the full amount to be released
  • Bail bond: A bondsman pays your bail for a non-refundable fee (typically 10–15% of the bail amount)
  • OR release: Released on a written promise to appear

Step 4: Contact a DWI Attorney — Immediately

Do not wait to consult a lawyer. Contacting a DWI defense attorney within 24 hours of your arrest is one of the most important things you can do. Here's why timing matters so much:

  • DMV hearing deadline: In most states, you have only 5–10 days from the date of arrest to request an administrative DMV hearing to contest your license suspension. Miss this window and your license is automatically suspended.
  • Evidence preservation: An attorney can move quickly to preserve dashcam footage, bodycam video, and other time-sensitive evidence.
  • Legal guidance before you say anything: Anything you say to police, prosecutors, or on social media can be used against you.

When choosing an attorney, look for someone who specifically handles DWI/DUI cases in your state, not just a general criminal defense lawyer.

Step 5: Document Everything You Remember

As soon as you are released, write down every detail you can recall from the night of the arrest while your memory is fresh:

  • The time and location of the stop
  • What the officer said and did
  • The exact instructions you were given for field sobriety tests
  • Road, lighting, and weather conditions
  • Any medical conditions or medications you were taking
  • What you ate and drank, and when

This information could be critical for your attorney when building your defense.

Step 6: Do Not Discuss Your Case Publicly

In the age of social media, this warning is more important than ever. Do not post anything about your arrest, your night, or your feelings about law enforcement on any social platform. Prosecutors have successfully used social media posts as evidence. Tell close friends and family privately, and instruct them not to post about it either.

Step 7: Prepare for Your Arraignment

Your arraignment — the formal reading of charges against you — will typically occur within 24 to 72 hours of your arrest, or sometimes longer. At the arraignment, you will enter a plea (guilty, not guilty, or no contest). In almost all cases, you should plead not guilty at this stage, regardless of the circumstances. This preserves your ability to negotiate or defend the case. Your attorney should be present with you.

What to Avoid in the First 48 Hours

  • Do not contact the arresting officer
  • Do not attempt to access or alter any evidence
  • Do not miss your arraignment date
  • Do not ignore DMV correspondence
  • Do not drink alcohol or use drugs — further charges will be devastating

The First 48 Hours Set the Tone

Your actions immediately following a DWI arrest can either help or seriously damage your defense. Stay calm, stay quiet, act quickly to secure legal representation, and let your attorney guide your next steps. The situation is serious — but it is not hopeless, and handling the early stages correctly makes a real difference.