What To Do When Wrongfully Arrested for DWI in Houston, TX

 Posted on September 14, 2026 in DUI/DWI

Being placed under arrest is a difficult experience for most people. The feeling of losing your freedom can be devastating, which is only topped for some people by the embarrassment of being put into the back of a police car. These emotions are only amplified when you are placed under arrest for a crime you did not commit.

Media attention for wrongful arrests and convictions typically centers around high profile cases like murder. However, the chances are good that the number of wrongful DWI arrests in Texas dwarfs the number of wrongful arrests on other charges.

One of the reasons DWI arrests are often wrongful is that so much of the evidence police rely on is subjective. From their initial observations to field sobriety tests, most of the evidence police use to form probable cause for a DWI arrest is based on their opinion. Because opinions can vary, police routinely get it wrong in DWI cases.

If you are placed under arrest for DWI despite not being intoxicated, it is important that you do everything you can to protect yourself. One misstep could weaken your case, making it difficult to prove that you were not intoxicated or had not been driving. Below, we discuss the most important steps to follow after a wrongful DWI arrest. If you are facing a wrongful DWI arrest in 2026, our Houston DWI defense lawyer can help you protect your rights from the very first step.

When Are DWI Arrests Unlawful in Houston, TX?

Police make mistakes every day. Unfortunately, those mistakes often lead to wrongful arrests. One of the most common circumstances for a wrongful arrest is when police mistakenly believe you are under the influence of drugs or alcohol. Many officers approach every interaction with the public expecting an intoxicated person. This can lead them to jump to conclusions. In some cases, these conclusions are bolstered by misleading portable breath test results. There are countless medical conditions and substances that can throw off the result of a portable breath test.

Police can make other mistakes, too. While there is little doubt about who was driving when police initiate a traffic stop, officers are prone to mistakes when a vehicle crash leads to an accident investigation. In many accident cases, the drivers and their passengers will exit the car before the police arrive. When this happens, law enforcement often makes the incorrect assumption about who was behind the wheel. This situation could lead the police to arrest you for an accident where someone else was driving.

While these false arrests are serious, your Houston DWI defense attorney could help you fight back against these charges. The right attorney could poke holes in the police investigation and show the jury that the police built their case on false assumptions.

What Should You Do After a Wrongful DWI Arrest in Houston, TX?

By following these steps after a wrongful arrest, you can avoid making your situation worse.

Do Not Resist Arrest

There is much talk online about a citizen's right to resist an unlawful arrest. Texas law, however, does not allow the unlawfulness of an arrest to serve as a defense to a resisting arrest charge. Under Texas Penal Code § 38.03, a person can be charged with resisting arrest if they intentionally use force against an officer or another person to prevent or obstruct an arrest, search, or transportation. The statute specifically states that it is not a defense that the arrest or search was unlawful.

As a practical matter, it is always best to be cordial and compliant with police. By avoiding giving them a reason to target you, you are more likely to avoid making the situation worse. In some cases, law enforcement will acknowledge they made a mistake and release you. This is much less likely to occur if you are aggressive towards the officers.

Do Not Discuss Your Case

While being polite towards the police will work in your favor, it is still in your best interest to avoid discussing the details of your case. First of all, you are under no obligation to talk to the police after your arrest. Second, the police only care about turning up evidence that could be used against you at trial. Once an arrest happens, it is best to let your legal counsel do the talking for you. In many cases, the police will take what you say out of context in order to tip the scales in your case. By not discussing your case at all, you can avoid these pitfalls.

Submit to Breath or Blood Tests

Under current Texas law, refusing a chemical test can have serious consequences. Texas Transportation Code § 724.011 provides that a person arrested for a qualifying intoxication offense is deemed to have consented to the taking of one or more breath or blood specimens. A person may still refuse in many circumstances, but a refusal can result in driver's license consequences and may be used as evidence. Police may also seek a warrant for a blood specimen. However, if you have not been drinking, a negative blood test can provide important evidence in your favor.

If you submit to a breath, blood, urine, or other bodily specimen requested or ordered by police, Texas Transportation Code § 724.019 allows you to request an additional blood specimen for independent analysis. The request must be made within a reasonable time, no more than two hours after the arrest. This independent test may help challenge the government's testing results.

Hire a Houston DWI Defense Attorney Immediately

The most important step after a wrongful arrest is to hire an experienced criminal defense attorney. Your legal counsel could hold the police accountable for your wrongful arrest and work to have the charges against you dismissed. If the prosecutor is intent on going forward with those charges, your attorney can fight for your legal rights at trial before a jury of your peers. With the right legal counsel, you could avoid a conviction based on your wrongful arrest.

Contact Our Houston DWI Defense Lawyers Today

Because of what's at stake, it is important that the attorney you select has experience with wrongful DWI arrests. Hands-on experience is crucial in these cases, and you deserve legal counsel that does not have to learn on the job.

Attorney Doug Murphy has a long track record of helping people wrongfully charged with DWI in Houston. He’s also experienced in persuading judges and juries to disregard evidence illegally obtained or providing it no weight due to improper administration.

An experienced and successful trial lawyer, Doug Murphy is always prepared to fight for his clients at trial if the prosecution refuses to drop the charges. To discuss your case in detail, contact Murphy & McKinney Law Firm, P.C. right away. If you were wrongfully arrested for DWI, call our Houston DWI defense attorneys at 713-229-8333 as soon as possible.