Find DWI Records in Upshur County

Upshur County DUI and DWI records are maintained by the District Clerk and County Clerk in Gilmer. Cases go through the local courts, and records from those cases are public under Texas law. Both misdemeanor and felony DWI records can be requested from the respective clerk offices in Gilmer, either in person or by mail.

Upshur County District Clerk

Felony DWI records in Upshur County are held by the District Clerk. The 115th District Court handles felony cases in the county. This includes third or subsequent DWI, intoxication assault, and intoxication manslaughter. All are charged under Texas Penal Code Chapter 49. The District Clerk's office is in the courthouse in Gilmer.

Records at the District Clerk cover the full criminal file: indictments, motions, court settings, pleas, and final judgments. Documents are available at $1.00 per page. Certified copies add a $5.00 fee. Attorneys must file electronically through eFileTexas.gov. Members of the public can request records in person or submit written requests by mail. The office processes most requests within a few business days.

Upshur County Clerk - Misdemeanor Records

The Upshur County Clerk at 405 N. Titus Street handles all misdemeanor DWI records. First and second DWI offenses are prosecuted in the County Court at Law. A first DWI is a Class B misdemeanor and a second is Class A. Records show the charge, any conditions placed on bond, the plea entered, and the sentence handed down.

You can request misdemeanor records from the County Clerk in person or by mail. Include the defendant's name and an approximate filing date in your request. Standard copy fees apply. The County Clerk's office number is (903) 843-4016. Requests are typically processed within a few business days.

Upshur County Sheriff Records

The Upshur County Sheriff's Office makes DWI arrests in areas outside Gilmer's city limits. The Sheriff's records division can provide copies of arrest and incident reports. A written request is needed. Include case dates and names. Report fees are $5.00 per document. Processing typically takes 5 to 10 business days.

When a DWI involves a crash, the officer files a peace officer crash report (CR-3) with TxDOT. These can be ordered through TxDOT's CRIS system for $6.00 to $8.00. TxDOT holds crash records for 10 years. The TxDOT impaired driving page also has information on state DWI enforcement efforts.

Note: The Sheriff's incident report documents what led to the arrest. Court records at the clerks' offices document the legal outcome of the case.

DWI Law and Upshur County Cases

Upshur County prosecutes all DWI cases under Texas Penal Code Chapter 49. The standard first offense is Class B. A BAC of 0.15 or higher at first arrest is Class A. A second offense is always Class A, with a mandatory minimum of 30 days in jail. A third offense is a third-degree felony. DWI with a child under 15 in the vehicle is a state jail felony even on a first offense.

After any DWI arrest in Upshur County, the Texas DPS launches the Administrative License Revocation process. The officer takes the physical license and issues a temporary permit valid for 40 days. The driver must request a hearing within 15 days. Failure to request means the suspension is automatic. For a first offense with a failed test, the suspension is 90 days. Refusal leads to 180 days. The full process is in Transportation Code Chapter 524.

Driving records showing suspension history are available from dps.texas.gov. The Type 3A certified complete history is $10 online and is the most useful version for legal purposes. DPS does not provide records by phone.

State-level records from Texas DPS Crime Records Service can be combined with Upshur County court records to get a complete view of a DWI case history.

Texas DPS criminal history records and Upshur County court filings together show both the arrest and the court outcome for any DWI case in the county.

Nearby Counties

Upshur County sits in East Texas and borders several other counties. DWI cases from those counties go through their own courts.