Polk County DWI Records

Polk County DUI and DWI records are kept by the County Clerk and District Clerk at the Polk County Courthouse in Livingston, Texas. If you need to find a DWI case or get copies of court documents, you can visit in person during regular business hours or submit a mail request. Misdemeanor DWI cases are handled by the County Clerk. Felony DWI cases, including third offense DWI, intoxication assault, and intoxication manslaughter, go through the District Clerk and are handled by the 258th and 411th Judicial District Courts.

Polk County Clerk and District Clerk

The County Clerk in Polk County handles all Class A and B misdemeanor DWI records. That covers first and second offense DWI cases. The District Clerk handles all felony DWI cases, which go through two district courts: the 258th and 411th Judicial District Courts. These courts also hear other serious criminal cases filed in Polk County. Both offices are at the same courthouse location in Livingston.

The Polk County Clerk is at 101 W. Church Street, Livingston, TX 77351. The phone is (936) 327-6806. Office hours are Monday through Friday, 8:00 AM to 5:00 PM. Walk-in searches are available at the counter. You can search by name or cause number. Copy fees are $1.00 per page.

The Polk County District Clerk is at the same address and can be reached at (936) 327-6804. This office maintains all felony criminal records filed in Polk County. E-filing through eFileTexas.gov is available for attorneys. Online record access is limited, so in-person or mail requests are the standard approach for most people.

How to Search Polk County DUI Records

To find a DWI case in Polk County, start at the courthouse in Livingston. The clerk's offices are open Monday through Friday. Bring the full name of the person and a rough date or year for the case. Staff can search by name or cause number and make copies on the spot. You pay the copy fee at the time of service.

For mail requests, write a short letter with the name, approximate date, and your return address. Include a check or money order for the estimated copy fee. The Texas Judicial Branch offers general guidance on court records access, and the re:SearchTX portal may have limited docket data for Polk County district court cases.

The Polk County Sheriff's Office is the main law enforcement agency in the county. Arrest records and incident reports can be obtained through a written public information request. The Livingston Police Department handles DWI arrests within the city. Both agencies submit their criminal data to the Texas DPS statewide criminal history system.

For crash reports connected to DWI arrests, contact the Texas Department of Transportation. A standard copy is $6.00 and a certified copy is $8.00. You can order online through the TxDOT crash records portal or by mail.

DWI Penalty Structure in Texas

Texas DWI law is in Texas Penal Code Chapter 49. A first DWI is a Class B misdemeanor. Up to 180 days in jail and a fine of up to $2,000. The minimum is 72 hours in jail. If an open container was present, the minimum goes up to six days. These cases are handled by the Polk County Clerk.

A second DWI is a Class A misdemeanor. That means up to one year in jail and a fine of up to $4,000. The mandatory minimum is 30 days. A test result at or above 0.15 BAC raises even a first DWI to Class A. The TxDOT impaired driving page lists all the penalty tiers and what they mean for drivers in Texas.

A third DWI conviction is a third degree felony, carrying 2 to 10 years in prison and up to $10,000 in fines. DWI with a child under 15 in the car is a state jail felony. Intoxication assault is a third degree felony when serious bodily injury results. Intoxication manslaughter is a second degree felony with 2 to 20 years in prison. All of these felony-level charges go through the Polk County District Clerk.

Under Texas Alcoholic Beverage Code Section 106.041, any driver under 21 with detectable alcohol faces a DUI charge under minor-in-possession rules. This is a separate offense from DWI and carries its own penalties including fines, license suspension, and mandatory alcohol education.

Administrative License Revocation in Polk County

When you get arrested for DWI in Polk County, the officer takes your physical license and hands you a Notice of Suspension. This starts the Administrative License Revocation process managed by the Texas DPS under Texas Transportation Code Chapter 524.

You have 15 days from the arrest to request a hearing. If no hearing is requested, suspension begins on day 40. The temporary permit is good for 40 days from the notice date. A first-time refusal to take a chemical test brings a 180-day suspension. A failed test at or above 0.08 BAC results in a 90-day suspension. To get your license back, you pay a $125 reinstatement fee to the Texas DPS.

Note: ALR is a civil matter. A license can be suspended even when the criminal DWI charge is later dismissed or results in an acquittal.

Polk County Courts

The 258th and 411th Judicial District Courts handle all felony criminal cases in Polk County, including felony DWI charges. The County Court at Law handles Class A and B misdemeanors. All courts meet in Livingston at the Polk County Courthouse. The County Court also has jurisdiction over probate matters and civil cases under the threshold amount.

For DWI defendants who may qualify, community supervision or deferred adjudication programs may be available through the county court. These options typically require fines, community service, and sometimes treatment programs. Contact the court clerk to ask about eligibility before assuming you qualify.

The Texas DPS Crime Records Division collects and stores criminal history data submitted by law enforcement agencies in Polk County. All DWI enforcement officers are certified through TCOLE under Texas Occupations Code Chapter 1701, which sets the standard for DWI training across Texas.

Driver Records and State Resources

Your Texas driving record shows DWI convictions, suspensions, and violations. Order records through the Texas DPS driver record page. A Type 2 covers three years. A Type 3 covers your complete history. Online copies cost $4.00 to $22.00 depending on type. Mail orders go to Texas DPS, Box 149008, Austin, TX 78714-9008 and take up to three weeks.

The Texas Alcoholic Beverage Commission regulates alcohol licensing in Polk County. TABC reports compliance data to state records systems. For public information requests to DPS, use the process at the DPS public information page.

The state-level image below shows the Texas DPS portal connecting to official DUI and DWI records systems.

Texas DPS maintains statewide criminal history and driver record data that complement local Polk County DWI court records.

Nearby Counties

These counties border Polk County. Each has its own clerk's office for DWI records.