The 72 hours after a DWI arrest determine whether you keep your license, your record, and your freedom. Here is exactly what to do — and what to avoid.
Being arrested for DWI in Collin County is disorienting, frightening, and often humiliating. But what you do in the next 72 hours will shape the outcome of your case more than almost anything else. This guide walks through each step.
1. The First Hours After Arrest
After the arrest, you’ll be taken to the Collin County Detention Facility in McKinney or a municipal jail (Frisco PD, Plano PD, Allen PD). You’ll be booked, fingerprinted, and eventually taken before a magistrate for bond setting under Texas Code of Criminal Procedure art. 15.17. This magistration typically happens within 24 hours.
Do not discuss your case with anyone — including other inmates. Texas jails routinely record phone calls, and statements to cellmates are admissible at trial.
2. The 15-Day Deadline That Most People Miss
When you were arrested, the officer served you with a notice (DIC-25) informing you that your driver’s license is scheduled to be suspended 40 days after arrest. To challenge this suspension, you have exactly 15 days to request an Administrative License Revocation (ALR) hearing under Texas Transportation Code Chapter 524.
If you miss the 15-day window, your license is automatically suspended — there is no second chance.
The ALR hearing also gives your attorney an invaluable opportunity to cross-examine the arresting officer under oath, which often produces ammunition for the criminal case.
3. Gather Evidence While It’s Fresh
As soon as possible after release on bond, write down every detail you can remember:
- Where you were coming from and going to
- What you ate and drank, and when
- Every interaction with the officer, word for word
- Whether you were read Miranda warnings, and when
- Which field sobriety tests were given and the conditions (lighting, roadway grade, shoes, weather)
- Whether you had any medical conditions affecting your ability to perform the tests
This record becomes one of the most important defense tools. Memory fades fast.
4. Hire a Lawyer Before Your First Court Date
Your first court appearance after a Collin County DWI is typically a status conference, scheduled 2-4 weeks after arrest. Having a retained attorney by this date is essential — the attorney files their appearance, requests discovery, and begins pre-trial preparation.
5. Understand What You’re Facing
A first-offense DWI in Texas is a Class B misdemeanor under Penal Code § 49.04(b) with a mandatory minimum of 72 hours’ confinement. If your BAC was 0.15 or higher, § 49.04(d) elevates the charge to a Class A misdemeanor with up to 1 year in jail and a $4,000 fine. See Mapes v. State, 187 S.W.3d 655 (Tex. App. 2006) for the full penalty structure.
6. Common DWI Defenses
Effective DWI defense attacks every stage of the investigation:
- The stop: Did the officer have reasonable suspicion? If not, everything that followed may be suppressible under Texas Code of Criminal Procedure art. 38.23.
- Field sobriety tests: Did the officer follow NHTSA protocols? Standardization deviations undermine reliability.
- Breath tests: Were the Intoxilyzer calibration records current? Was the 15-minute observation period honored?
- Blood tests: Was there an unbroken chain of custody? Were the blood tubes properly sealed and stored?
7. Possible Outcomes
With effective representation, DWI cases in Collin County often resolve in ways that protect your record and license:
- Dismissal — often through successful suppression motions
- Reduction to obstruction of a highway passageway (Penal Code § 42.03) — avoids mandatory DWI license suspensions and DPS surcharges
- Deferred adjudication — available for first-offense DWI since September 2019, allows dismissal after successful probation completion
- Acquittal at jury trial — for cases where the State cannot prove intoxication beyond a reasonable doubt
The Bottom Line
A DWI arrest is not a DWI conviction. The actions you take in the first 15 days — especially requesting the ALR hearing and retaining an experienced DWI attorney — determine the trajectory of the case. L and L Law Group answers DWI calls 24/7 at (214) 466-1398.
This article is general information, not legal advice. For advice on your specific situation, please consult a licensed attorney.