Rains County DWI Records
Rains County DUI and DWI records are kept by the County Clerk and District Clerk at the Rains County Courthouse in Emory, Texas. If you need to search for a DWI case or get copies of court documents, you can visit the courthouse in person or send a written request by mail. The County Clerk handles misdemeanor DWI cases. The District Clerk handles felony DWI cases through the 8th Judicial District Court. Both offices are open during regular business hours and provide public access to case records.
Rains County Overview
Rains County Clerk and District Clerk
The County Clerk in Rains County handles all Class A and B misdemeanor DWI records. First and second offense DWI cases are filed with the County Clerk. The District Clerk handles all felony DWI records including third offense DWI, DWI with a child passenger under 15, intoxication assault, and intoxication manslaughter. These go through the 8th Judicial District Court.
Both offices are at the Rains County Courthouse in Emory, TX 75440. The County Clerk phone is (903) 473-2461. The District Clerk phone is (903) 473-2461 as well, as both may share phone contact in this small county. Office hours are Monday through Friday from 8:00 AM to 5:00 PM. Walk-in visits and mail requests are both accepted. Copy fees are $1.00 per page.
Online records access for Rains County is limited. In-person visits or mail requests are the most reliable way to get records. If you are looking for a felony DWI case, bring the full name and approximate year when visiting the District Clerk.
| Courthouse | Rains County Courthouse, Emory, TX 75440 |
|---|---|
| Phone | (903) 473-2461 |
| Hours | Monday-Friday, 8:00 AM - 5:00 PM |
| Copy Fee | $1.00 per page |
Searching DWI Records in Rains County
To look up a DWI record in Rains County, visit the courthouse in Emory. The clerk staff can search records by name or case number. Bring a photo ID and the full name of the person involved. If you know the approximate year the case was filed, that helps narrow the search. Staff can make copies on the spot for $1.00 per page.
For mail requests, write a short letter with the person's name, approximate year, and your return address. Include a check or money order for the expected copy fee and a self-addressed stamped envelope. Send it to the Rains County Courthouse, Emory, TX 75440. The Texas Judicial Branch also offers the re:SearchTX portal, which may have limited docket data for cases in the 8th Judicial District.
The Rains County Sheriff's Office is the main law enforcement agency in the county. Arrest records and incident reports from DWI stops can be obtained by writing a public information request. Processing typically takes up to 10 business days. Crash reports are available from the Texas Department of Transportation at $6.00 for standard copies and $8.00 for certified copies.
Note: Rains County is a small county. Online access is limited. An in-person visit to Emory is often the fastest way to get what you need.
Texas DWI Laws and Penalties
All Texas DWI offenses come from Texas Penal Code Chapter 49. A first DWI is a Class B misdemeanor with up to 180 days in jail and a $2,000 fine. The mandatory minimum is 72 hours in jail. An open container adds three more days to that minimum.
A second DWI is a Class A misdemeanor: up to one year in jail and up to $4,000 in fines. The mandatory minimum is 30 days. A BAC of 0.15 or higher elevates even a first DWI to a Class A charge. The TxDOT impaired driving page gives a plain-language breakdown of all penalty levels.
A third DWI is a third degree felony, carrying 2 to 10 years in prison and up to $10,000 in fines. DWI with a child passenger under 15 is a state jail felony. Intoxication assault is a third degree felony when serious bodily injury results. Intoxication manslaughter is a second degree felony: 2 to 20 years in prison. Felony cases in Rains County go through the 8th Judicial District Court.
Under Texas Alcoholic Beverage Code Section 106.041, drivers under 21 with any detectable alcohol in their system face a DUI charge that is separate from the adult DWI statute. Penalties include fines, license suspension, and mandatory alcohol education.
Administrative License Revocation
A DWI arrest in Rains County triggers the Administrative License Revocation process run by the Texas DPS under Texas Transportation Code Chapter 524. The arresting officer takes the physical license and issues a Notice of Suspension.
You have 15 days from the arrest to request an ALR hearing. Without a request, the suspension starts on day 40. The temporary permit in the notice is good for 40 days. First-time refusal results in 180 days of suspension. A failed test at or above 0.08 BAC brings a 90-day suspension. A $125 reinstatement fee to the Texas DPS is required to get your license back.
Rains County Court System
The 8th Judicial District Court handles all felony criminal cases in Rains County, including felony DWI charges. The County Court at Law handles misdemeanor DWI cases. Both courts operate out of the Rains County Courthouse in Emory.
For DWI defendants who qualify, deferred adjudication or community supervision may be available through the county court. These programs typically involve probation, fines, and community service. Check with the court clerk for current program details and eligibility. The Texas DPS Crime Records Division stores statewide criminal history data, including arrests from Rains County. All DWI enforcement officers in the county are certified through TCOLE under Texas Occupations Code Chapter 1701.
Driver Records and DPS Resources
A Texas driving record shows DWI convictions, suspensions, and violations. Order yours through the Texas DPS driver record page. A Type 2 covers three years. A Type 3 covers your full history. Online copies range from $4.00 to $22.00. Mail requests go to Texas DPS, Box 149008, Austin, TX 78714-9008.
The Texas Alcoholic Beverage Commission licenses and regulates alcohol businesses in Rains County. For public information requests to DPS for DWI-related records, use the DPS public information page.
The state-level image below shows the Texas DPS official records system used across the state for DUI and DWI records.
Texas DPS maintains statewide criminal history and driver records that complement local Rains County DWI court records in Emory.
Nearby Counties
These counties are near Rains County in East Texas. Each has its own courthouse for DWI records.