DWI Arrest and Jail Release in Austin

If you were arrested for DWI in Austin, your first concern probably isn’t what might happen six months from now. It’s getting out of jail right now.

A DWI arrest in Travis County starts a process that can be confusing if you have never been through it before. After an arrest, you will generally be booked into jail, interviewed by Pretrial Services, brought before a magistrate, have a bond and conditions of release determined, and then be processed for release.

In simplified form, the process looks like this:

DWI Arrest → Booking → Pretrial Services → Magistration → Bond → Release

The amount of time this takes varies considerably. A person arrested for a routine first DWI with no other charges or warrants will usually be released early the next morning on a (basically free) PR Bond.   Someone charged with a felony DWI, involved in a serious accident, or being held on additional charges might be given a higher bond and held until cash or surety is paid.  This could mean weeks or months for someone without the financial means to bond out.

What Happens After a DWI Arrest?

Most DWI arrests begin with a traffic stop, an accident investigation, or an officer encountering someone in or around a vehicle.

By the time an officer actually makes the arrest, much of the evidence that will later be used in the DWI case may already have been collected. This can include the officer’s observations, body-camera and dash-camera video, statements made by the driver, field sobriety tests, and sometimes a portable breath test.

After the arrest, the investigation may continue. The officer may ask for a breath or blood specimen. If the driver refuses to provide a requested specimen, police may seek a warrant authorizing a blood draw.  This can also have an effect on your driver’s license – more on that in the section on ALR suspensions.

The driver will then ordinarily be transported to the Travis County jail for booking.

Whether the State can ultimately prove intoxication is a separate question. That issue becomes important later when the evidence is reviewed and the DWI case is defended.

For the moment, the immediate issue is getting through the booking and release process.

Booking Into the Travis County Jail

Booking is the administrative process of placing an arrested person into the jail system.

It generally includes confirming the person’s identity, recording the charges, taking fingerprints and a photograph, inventorying personal property, checking criminal history and determining whether there are other warrants or holds.  Your mugshot is public record, and there is a chance it could end up online.

Booking takes time. So does release.

One of the most common questions we receive after someone is arrested is:

How Long Will I Be in Jail for a DWI?

There isn’t a single answer.

The length of time between arrest and release depends on the circumstances of the arrest, how quickly the person is processed, the charges involved, whether there are other warrants or holds, when the person is magistrated, the type of bond ordered, and whether special conditions must be put into place before release.

A routine first DWI with no additional charges or warrants will generally present fewer obstacles to release than a case involving a prior DWI history, an accident with injuries, a child passenger, a felony charge, or another pending case.

It is also important to distinguish between having a bond set and actually being released from jail. Even after a judge authorizes release and the bond requirements have been satisfied, the jail still has to complete its release procedures.  This usually takes an hour or two, but can be longer if there is a long line of people being released.

The Travis County Pretrial Services Interview

While a person is in custody, he or she may be interviewed by Travis County Pretrial Services.

Pretrial Services is not the prosecutor, and it does not decide whether someone is guilty of DWI. One of its functions is to gather information that will help the judge make decisions concerning release on a personal bond and appropriate conditions of release.

The interview may cover matters such as where the person lives, employment, references, criminal history and other information relevant to release. In Travis County, they will ask for a reference.  Keep in mind that this reference will be contacted and will learn that you have been arrested.

Pretrial Services can then make a recommendation to the court concerning a personal bond and possible bond conditions.  The recommendation is just that—a recommendation. The judge ultimately decides whether to grant a personal bond and what conditions will be imposed.

The information gathered by Pretrial Services may also be used to determine whether a defendant qualifies for court-appointed counsel.

As with any interaction occurring after an arrest, there is an important difference between providing administrative information necessary for the release process and discussing the facts of the alleged offense. A person accused of DWI should be cautious about making unnecessary statements about what happened before the arrest.

One important note about the Pretrial Services Interview:  They will ask for references and reference phone numbers.  These references will be contacted.  This is often the first time a person’s friends or loved ones find out about the arrest.  The reference will be asked about reliability in attending court, residence, drug use, and a few other background questions.

What Is Magistration?

Before a person arrested for DWI is released, he or she will ordinarily appear before a magistrate. 

This process is commonly called magistration.

Please note:  A hired attorney can save time in this process by waiving magistration for most misdemeanors.

Magistration is not a DWI trial. The magistrate is not deciding whether the defendant is guilty or innocent. Instead, this is the defendant’s first formal appearance before a judicial officer following the arrest.

Texas law generally requires an arrested person to be brought before a magistrate without unnecessary delay and no later than 48 hours after arrest for felonies / 24 hours for misdemeanors. The bail decision likewise must generally be made without unnecessary delay and no later than 48 hours after arrest.

During magistration, the magistrate performs several important functions. These include informing the defendant of the accusation and certain constitutional and statutory rights, considering whether probable cause exists, determining bail, and imposing conditions on release.

Counsel at First Appearance in Travis County (CAFA)

Travis County provides attorneys to represent qualifying arrestees during the magistration process through its Counsel at First Appearance program.

Before magistration, appointed counsel may receive information available to the magistrate, including the probable-cause affidavit, Pretrial Services information and criminal-history information. Counsel is given an opportunity to consult confidentially with the arrested person and may make arguments concerning bail and conditions of release.

This representation is important, but its purpose is limited.

If I Have a Lawyer at Magistration, Do I Still Need a DWI Lawyer?

The lawyer representing an arrested person at magistration is there for the limited matters being considered at that stage, particularly bail and release.

That does not necessarily mean the same lawyer will represent the defendant in the DWI case after release.

Defending the underlying DWI involves a much broader process: obtaining discovery, reviewing police reports and video, examining field sobriety testing, evaluating breath or blood evidence, handling court appearances, filing motions, negotiating with prosecutors and, when appropriate, taking the case to trial.

Magistration is the beginning of the case, not the end of it.

How Is Bond Set After a DWI Arrest?

Texas law requires the magistrate to make an individualized bail determination. Depending on the circumstances, the court may order release on a personal bond, a surety bond, or a cash bond, with or without additional conditions.

The amount and type of bond can depend on a number of factors.

In a DWI case, relevant circumstances may include the level of the charge, prior criminal history, previous DWI convictions, other pending cases, the circumstances surrounding the arrest, whether an accident or injury occurred, the defendant’s history of appearing in court, and other information relevant to ensuring the defendant returns to court and protecting public safety.

This is why two people arrested for DWI may not receive identical bonds.

Personal Bond

First time DWIs, even when BAC is over .15, are usually given a PR bond.  A PR bond is simply a promise to return to court on a certain day.  If you make all your court dates, you will never pay anything more than a small administrative fee.

Travis County Pretrial Services investigates defendants for possible personal-bond release and can make a recommendation to the judge. Ultimately, however, only the court decides whether a personal bond will be granted and what conditions will accompany it.

Felony DWIs and other DWIs with complicating factors may not be granted a PR bond. One other option is a surety bond.

Surety Bond

A surety bond generally involves a bail-bond company agreeing to guarantee the bond required by the court.

The defendant or family typically pays the bonding company a fee  – usually 10% of the bond amount – for providing the bond. Unlike the cash bond, that money does not ever get refunded.

Cash Bond

A cash bond requires the amount ordered by the court to be deposited as security for the defendant’s appearance.   For a cash bond, you must pay the full amount of the bond, but you would be entitled to get the bond back once the case concludes.

What About DWI Bond Conditions?

Getting out of jail is only part of the bond issue.

The magistrate may also impose conditions that regulate what a defendant must—or must not—do while the DWI case is pending.

Depending on the circumstances, DWI bond conditions can involve alcohol monitoring, an ignition-interlock device, testing, supervision by Pretrial Services, or other restrictions.

These conditions matter. A person released from jail should understand them before simply returning to normal life. A violation can create a new problem while the original DWI charge is still pending.

We discuss those requirements separately in DWI Bond Conditions in Travis County.

Frequently Asked Questions About DWI Jail Release

Can a DWI Lawyer Help Someone Get Out of Jail?

A private attorney cannot simply call the jail and order someone’s release. However, an attorney can save many hours in the process by waiving magistration.  The court controls the bond decision, and the jail must follow the required release procedures.

An attorney may be able to determine where someone is in the booking and magistration process, identify an unusual problem delaying release, provide information relevant to the bond determination, advocate concerning the amount or conditions of bond when appropriate, or help a family understand what needs to happen before the person can be released.

The value of early representation depends heavily on the circumstances. A straightforward first DWI is different from a felony DWI, a case involving a serious accident, an arrest involving multiple charges, or a defendant who has another warrant or hold.

What Happens After the Bond Is Posted?

Release is not necessarily immediate simply because the bond has been approved or posted.

The jail must still process the defendant out of custody. How long that takes varies.  In Travis County, it can take up to 12 hours, but 3-6 hours is normal.

When released, the defendant should pay close attention to all paperwork received from the jail and court.

That paperwork may contain important information about:

• the conditions of bond;
• requirements to report to Pretrial Services;
• alcohol monitoring or ignition-interlock requirements;
• the first court setting; and
• other obligations imposed as a condition of release.

In Travis County, the bond paperwork provided upon release should tell the defendant when and where to report for the first court setting.

Do not put the paperwork in a drawer and forget about it.

The period immediately after release is when several important deadlines and obligations can arise. In addition to complying with bond conditions and preparing for the criminal case, a person arrested for DWI may also need to address the separate administrative process involving his or her driver’s license.

How long does it take to get out of Travis County Jail after a DWI?

It varies. Booking, the Pretrial Services process, magistration, the bail decision, posting or processing the bond, and the jail’s release procedures all take time. Other warrants, holds, additional charges, felony allegations, or special release conditions can make the process take longer.  For a “run-of-the-mill” misdemeanor DWI, you will usually be released the next morning.

Do I need a bondsman after a first DWI?

Not necessarily. Some defendants are released on personal bond. Others may be required to post a surety or cash bond. The magistrate determines the appropriate bond after considering the circumstances of the particular defendant and case.

Is magistration my first DWI court date?

Not in the sense most people mean by a court setting. Magistration occurs shortly after arrest and primarily concerns the defendant’s rights, probable cause, bail and release conditions. After release, the criminal case proceeds through the appropriate county or district court.

Does getting a personal bond mean my DWI case is weak?

No. The decision to release someone on a personal bond is not a determination that the person is innocent or that the DWI will be dismissed. Bail and guilt are separate issues.

When should I hire a DWI lawyer?

There can be advantages to speaking with a lawyer soon after release. Evidence needs to be preserved and reviewed, bond conditions may need attention, and a DWI arrest can create driver’s-license issues separate from the criminal prosecution.

The important point is that getting out of jail does not end the DWI process. It starts it.

Once a person has been released, the next immediate concern is understanding and complying with the conditions of bond while the defense of the DWI case begins.

Next: DWI Bond Conditions in Travis County