Erath County DUI and DWI Records
Erath County DWI records are kept at the County Clerk and District Clerk offices in Stephenville, Texas, the county seat. DUI and DWI cases in Erath County go through county court for misdemeanor charges and district court for felony-level offenses. This North-Central Texas county is home to Tarleton State University and has active DWI enforcement by county and city law enforcement. If you need to look up DWI records in Erath County, start at the courthouse in Stephenville.
Erath County Overview
Erath County Clerk and District Clerk
The Erath County Clerk maintains misdemeanor DWI records including first and second offense cases. The District Clerk keeps felony DWI records for the 266th Judicial District Court serving Erath County. Both offices operate at the Erath County Courthouse in Stephenville. Records are public and can be viewed during normal business hours, Monday through Friday, 8:00 AM to 5:00 PM.
DWI is defined under Texas Penal Code Chapter 49. A first offense DWI is a Class B misdemeanor. Second offense is Class A. Third and subsequent DWI offenses are felonies of the third degree. Felony DWI carries two to ten years in state prison. All felony DWI cases in Erath County go through the 266th District Court.
| County Clerk Address | 100 W. Washington Street, Stephenville, TX 76401 |
|---|---|
| County Clerk Phone | (254) 965-1482 |
| District Clerk Phone | (254) 965-3911 |
| Hours | Monday through Friday, 8:00 AM to 5:00 PM |
| Judicial District | 266th Judicial District Court |
Standard copy fees are $1.00 per page. Certified copies cost an additional $5.00 per document. E-filing is available for attorneys through eFileTexas.gov. Requests can also be submitted by mail with payment and a self-addressed stamped envelope.
How to Search DWI Records in Erath County
Erath County has limited online case search capability. Most searches require in-person visits to the courthouse or written mail requests. Contact the clerk's office by phone before making a trip to confirm current procedures. For statewide court information, the Texas Judicial Branch website provides guidance on accessing records in any Texas county.
Texas DPS driving records reflect DWI arrests and license suspensions. You can order records online at dps.texas.gov or by mail using Form DR-1. A three-year record costs $4.00 online. A full certified record costs $10.00. Mail orders take up to three weeks. You need your Texas driver's license number, date of birth, and last four digits of your Social Security number to order online.
The Texas DPS Crime Records Division maintains criminal history data from law enforcement agencies statewide, including DWI arrests and convictions from Erath County. Public information requests can be submitted by email to publicrecords@dps.texas.gov or by mail to DPS at Box 4087, Austin, TX 78773-0140. Crash reports from Erath County DWI incidents are available from TxDOT's CRIS system at $6.00 per standard copy.
Note: Erath County has a college-age population due to Tarleton State University. DWI enforcement and minor alcohol offense cases are common in the Stephenville area, especially during the academic year.
DWI Charges and Consequences in Erath County
Texas defines intoxication two ways under Penal Code Section 49.01. Either a BAC of 0.08 or more, or the loss of normal mental and physical faculties due to alcohol or drugs. An officer can arrest for DWI under either standard. The officer does not need both a BAC reading and visible impairment. Either one is enough for a lawful DWI arrest.
For college students and young adults, minor in possession of alcohol and public intoxication are additional charges often seen in Erath County. The Texas Alcoholic Beverage Code at tabc.texas.gov covers rules for minors purchasing, possessing, and consuming alcohol. Minor in possession is typically a Class C misdemeanor. Public intoxication is also a Class C misdemeanor. Neither requires driving. These cases go through justice of the peace courts or municipal courts.
For minors caught driving with any detectable alcohol, the DUI by minor charge applies under Alcoholic Beverage Code Section 106.041. First offense DUI by a minor is a Class C misdemeanor with a fine up to $500, 8 to 12 hours community service, and a mandatory alcohol awareness program. A 30-day license suspension also applies. Courts may require a parent to attend the program with defendants under 18.
Adults who drive with a BAC of 0.15 or higher face a Class A misdemeanor rather than Class B for a first offense. TxDOT's impaired driving summary lists the full penalty schedule for Texas DWI offenses. Penalties increase with each conviction, and felony DWI records are permanent.
License Suspension After DWI Arrest in Erath County
Any DWI arrest in Erath County triggers the Administrative License Revocation process under Texas Transportation Code Chapter 524. The arresting officer takes the driver's physical license and issues a temporary permit valid for 40 days. The driver has only 15 days from the arrest to request an ALR hearing to fight the suspension. No request means automatic suspension on day 40.
ALR suspension is 90 days for failing a chemical test and 180 days for refusing the test. Both periods can double if there is a prior suspension or refusal within the last ten years. Hearings are conducted by the State Office of Administrative Hearings and are independent of the criminal DWI case in Erath County court. A driver can win the criminal case and still have their license suspended through the ALR process.
After serving the suspension, a $125 reinstatement fee must be paid to DPS. Check status and pay at dps.texas.gov/section/driver-license. Young drivers in the Stephenville area who lose their license can also face impacts on school attendance and work if transportation options are limited. Plan accordingly for the duration of any suspension.
The Texas DPS Driver License Division manages the ALR process for DWI arrests in Erath County and all other Texas counties, including suspension and reinstatement records.
Erath County drivers facing license suspension after a DWI arrest must complete the DPS reinstatement process before regaining full driving privileges.
Nearby Counties
Erath County is in North-Central Texas. These neighboring counties may have related DWI records for incidents near county borders.