What Should I Do Immediately After Being Arrested in San Antonio?

The Most Important Thing: Invoke Your Right to Silence and Stop Talking

The most important thing you can do immediately after a San Antonio 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 SAPD officers about where you were, what you were doing, or whether you had been drinking. Statements made after arrest are used by the Bexar County District Attorney’s office in building their case. An explanation that sounds innocent to you often provides exactly the evidence the prosecution needs.

Refuse 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 SAPD 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 at the Cadena-Reeves Justice Center.

The 15-Day ALR Deadline — Starts Right Now

If you were arrested for DWI in San Antonio 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 210-692-4913 the same day as 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: exactly where on IH-10, IH-35, Loop 1604, or the River Walk; what the officer stated your traffic violation was; whether field sobriety tests were administered and how; whether you provided a breath sample or a blood draw was requested; any witnesses present; and anything the officer said about why they stopped you. This information is critical for building the Fourth Amendment analysis.

Do Not Post on Social Media

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

Call a San Antonio Criminal Defense Attorney Immediately

The earlier your attorney is involved, the more options exist. SAPD footage preservation demands must be sent promptly. The 15-day ALR request must be filed. Pre-charge intervention is sometimes possible. Call 210-692-4913 immediately. We answer 24 hours a day, 7 days a week.