What Happens After a DWI Arrest in Austin? A Step-by-Step Guide to the Texas Court Process

So, what happens after a DWI arrest in Austin? 

Two tracks start immediately: (1) the criminal case in a county court, and (2) the driver’s license case under Texas’s Administrative License Revocation (ALR) system. 

A person commits a Texas DWI if the State alleges they were intoxicated while operating a motor vehicle in a public place. Intoxication can mean a BAC of 0.08 or more, or loss of normal mental or physical faculties due to alcohol or drugs. You need a top-rated Austin DWI attorney to walk you through the court process and protect your license strategy from day one, timing matters.

Call 512-478-3056 for a free case evaluation with The Law Firm of Kyle K. Ringle, PLLC and get a step-by-step plan based on your stop, testing, and paperwork.

Step 1: The Stop and the Officer’s Basis for Detention

Most DWI cases begin with a traffic stop or a call for service. The legal question is if the officer had a valid basis to stop you and continue the detention. That matters because if the stop was unlawful or the detention was extended without proper grounds, key evidence can sometimes be challenged.

A Texas DWI lawyer will scrutinize the exact timeline: the reason given for the stop, what was said on video, and whether the officer’s report matches what the camera shows. Video and timing can be the difference between a case that grows and a case that shrinks.

Step 2: Investigation and Testing at the Roadside

After the stop, officers usually look for signs of impairment, ask questions, and may request field sobriety tests. This stage can feel informal, but it’s where the government starts building its proof. Even “small” issues such as unclear instructions, uneven surfaces, footwear, injuries, and fatigue can affect how tests look and how they should be interpreted later.

Testing requests matter too. Under Texas law, the State may pursue an administrative license suspension based on refusal or test results, separate from the criminal case. A DWI lawyer will evaluate what was requested, what warnings were given, what the paperwork says, and what the lab or instrument records show.

Step 3: Arrest, Transport, and Booking

If the officer decides there is probable cause, an arrest follows. Booking typically includes fingerprints, photographs, property inventory, and a holding period. Bond may be set quickly, but release conditions can start immediately. Depending on facts and the court, conditions can include alcohol restrictions, monitoring, travel limits, or other terms.

What you do right after release matters. 

Calls from jail can be recorded. Conversations with friends can become witness statements. A smart move is to preserve your paperwork, write down your timeline while it’s fresh, and let your lawyer guide what gets said and what should not be said.

Step 4: Magistrate and the First Court Warnings

Texas law requires prompt presentment before a magistrate in many situations. Article 15.17 of the Texas Code of Criminal Procedure outlines warnings and procedures that apply when someone is brought before a magistrate after arrest.

This is where you are typically informed of the accusation, your right to counsel, and other core rights. It’s also where bonds can be addressed and conditions can be confirmed. A DWI attorney can start protecting you here because the earliest stages often shape how the case proceeds later.

Step 5: The Separate Driver’s License Case Starts Right Away

A DWI arrest can trigger an ALR case with strict deadlines. The biggest one is the hearing request deadline: Texas DPS must receive your written request within 15 days after you receive notice of suspension, or the hearing request is denied. If no timely request is made, DPS states the suspension can go into effect on the 40th day after notice.

Suspension length depends on the scenario and history. For many adults with no prior alcohol-related enforcement contacts in the relevant look-back period, a test-failure suspension period is commonly 90 days. For many first-time refusals, the period is commonly 180 days.

This matters because ALR is not “extra paperwork.” It affects your ability to drive, your work, and your leverage. Many Austin DWI lawyers treat the ALR hearing as an early litigation opportunity because it can lock in testimony and expose weak spots.

Step 6: Charging Decision and Which Court Hears Your Case

After arrest, the prosecutor reviews reports, video, and test results, and decides what to file. The level of charge often determines the court:

• Misdemeanor DWI cases are typically filed in County Courts at Law.
• Felony-level intoxication charges (such as cases involving serious injury or death allegations, or certain enhancement scenarios) are filed in District Court.

A Texas DWI attorney will assess the charging level early because collateral issues like license exposure, ignition-interlock risk, and employment consequences can change quickly depending on what is filed.

Step 7: Arraignment and Plea Settings

Early settings in Texas courts often include arraignment and plea settings. The court confirms identity, counsel status, and the charge. People sometimes feel pressure to “get it over with” early, but fast pleas can lock in consequences before the evidence is fully reviewed. A Texas DWI lawyer will generally focus on obtaining the charging documents, verifying test and lab status, and preserving evidence before it disappears. 

Step 8: Discovery, Investigation, and Motion Practice

This is where good defense work earns its keep. The goal is to test whether the State can prove intoxication beyond a reasonable doubt and whether evidence should be excluded because the stop, detention, or search violated legal standards.

Here are the core evidence categories your Austin DWI attorney should demand and analyze early.

• Dash cam and body cam footage
• 911 audio, dispatch logs, and CAD notes
• Field sobriety test administration details and training records
• Breath testing records and maintenance logs (when breath is involved)
• Blood draw documentation, chain-of-custody records, and lab materials (when blood is involved)

If the stop was illegal or evidence was gathered improperly, motions can change everything. 

Step 9: Pretrial and After Pretrial Work

After discovery and motions, the case typically moves toward either a negotiated resolution or a trial setting. A Texas DWI lawyer evaluates any offer against license impact, probation terms, and the strength of the State’s proof. The goal is simple: protect your record and avoid rushed decisions before the full evidence file is reviewed.

Texas DWI Lawyer Defense That Targets Weak Stops

A DWI case is decided by proof, deadlines, and leverage often shape what is possible months later. The Law Firm of Kyle K. Ringle, PLLC offers a free case evaluation and a defense approach built for real litigation in Austin; contact us today at 512-478-3056 to get a plan for both your Travis County court case and your driver’s license strategy.