What Should I Do Immediately After Being Arrested in Austin?

Invoke Your Right to Silence — Then Stop Talking

The most important thing you can do immediately after an Austin arrest is invoke your right to remain silent clearly and completely. Say: “I am invoking my right to remain silent. I want an attorney.” Then stop talking entirely. Do not explain. Do not justify. Do not answer questions from APD officers about where you were, what you were doing, or whether you had been drinking. Statements made after arrest are used by the Travis County Attorney’s Office and DA’s office in building their case. An explanation that sounds innocent often provides exactly the evidence the prosecution needs.

Do Not Consent to Searches

You have the right to refuse consent to search your vehicle or person beyond providing your license and registration. Politely but clearly state that you do not consent to a search. An officer can still search with probable cause or a warrant — but your consent waives your ability to later challenge the search as unlawful. Refusing consent preserves the Fourth Amendment challenge for your attorney.

The 15-Day ALR Deadline — Starts Right Now

If you were arrested for DWI in Austin and the officer issued a DIC-25 notice, the Administrative License Revocation clock is running. You have exactly 15 days from the DIC-25 date to request an ALR hearing with Texas DPS. Miss it and your license is automatically suspended at day 40. Call 512-599-9999 the day of the arrest — not the next morning.

Write Down Everything While It’s Fresh

As soon as you are able — from custody or after release — write down everything you remember about the stop and arrest: where exactly on I-35, MoPac, 6th Street, or elsewhere; what the officer said your traffic violation was; whether field sobriety tests were administered and how; whether you provided a breath sample or blood draw was taken; any witnesses present; and anything the officer said about why they stopped you. This information is critical to building the Fourth Amendment analysis and the suppression motion.

Do Not Post on Social Media

Do not post anything about the arrest, the circumstances, or your situation on social media. Social media posts can be used as evidence. Photographs, check-ins, and posts from earlier in the evening can be used to establish your location and activities before the stop. Delete nothing — but post nothing new.

Call an Austin Criminal Defense Attorney Immediately

The earlier your attorney is involved, the more options exist. Evidence preservation demands for dashcam and bodycam footage must be sent promptly. The ALR request must be filed within 15 days. Pre-charge intervention is sometimes possible. Call 512-599-9999 immediately. We answer 24/7.