DWI Records in Wharton County

Wharton County DUI and DWI records are maintained by the District Clerk and County Clerk at the courthouse in Wharton, Texas. You can look up case filings, charges, court outcomes, and related documents for DWI arrests that occurred in Wharton County.

Wharton County District Clerk

The Wharton County District Clerk handles felony DWI records. Wharton County has two District Courts: the 329th and the 377th. These courts handle all felony criminal cases including third and higher DWI offenses, intoxication assault, intoxication manslaughter, and DWI with a child passenger under 15. Under Texas Penal Code Section 49.09, a third DWI conviction is a third-degree felony carrying 2 to 10 years in prison. The District Clerk keeps the official records for all these cases.

The District Clerk office is at 100 S. Fulton Street in Wharton. Records can be accessed in person or by mail. Document copies are $1.00 per page, and certified copies add $5.00. You can also access some case information through the Texas Courts online portal, which lists court assignments and basic case data. Call the office to confirm processing times and current fees before making a request.

Wharton County Clerk - Misdemeanor DWI Records

The Wharton County Clerk handles misdemeanor DWI cases through the County Court at Law. First and second DWI offenses are the most common cases here. A first offense is a Class B misdemeanor with a minimum of 72 hours in jail. A second offense is a Class A misdemeanor with a 30-day minimum. Both are prosecuted under Texas Penal Code Chapter 49. The County Clerk maintains all filings, pleas, docket entries, and final judgments for these cases.

To get records from the County Clerk, visit 100 S. Fulton Street in Wharton or submit a written request. You will need the defendant's full name and the approximate date of the case. Copy fees are $1.00 per page with a $5.00 certification fee for certified copies. The same office handles both general county records and misdemeanor criminal records.

Note: If a first offense DWI involved a BAC of 0.15 or higher, it is elevated to a Class A misdemeanor under Section 49.04, even without a prior conviction. These cases also go through the County Court at Law.

Wharton County Sheriff - Arrest Records

The Wharton County Sheriff's Office handles DWI arrests in unincorporated parts of the county. The Sheriff's records include incident reports, field sobriety test observations, BAC data, booking records, and jail logs. These are separate from the court records. To request Sheriff records, contact the office directly. Standard report copies typically cost $5.00 and processing takes around 10 business days.

The state-level source for DWI arrest records is the Texas DPS Crime Records Division, which compiles criminal history data from all Texas law enforcement agencies. If you need a complete history that goes beyond just Wharton County, the DPS is the right place to look. Requests can be sent to publicrecords@dps.texas.gov or submitted through the DPS online portal.

The official government records portal for the state of Texas is shown below. The Texas DPS maintains crime records for all 254 counties, including Wharton County DWI arrests.

The DPS Crime Records Division receives and stores all DWI arrest data submitted by Wharton County law enforcement agencies. This includes both Sheriff's Office and Wharton Police Department arrests.

DWI Charges and Wharton County Records

Wharton County DWI records reflect cases filed under Texas Penal Code Chapter 49. The standard first offense is a Class B misdemeanor. If the BAC was 0.15 or above, it becomes a Class A misdemeanor at first offense. A second offense is always a Class A. Third and higher offenses move to felony level in the District Courts. Each level has different penalties and different record-keeping procedures in Wharton County.

DWI with a child passenger under 15 is charged as a state jail felony under Section 49.045 regardless of prior convictions. This offense carries 180 days to 2 years in state jail and fines up to $10,000. Intoxication assault under Section 49.07 is a third-degree felony if someone suffers serious bodily injury. If the victim is a police officer or firefighter acting in their duty, the charge can go up to a second or first degree felony. All of these felony cases appear in the District Clerk's records for Wharton County.

For DWI crash cases, the Texas Department of Transportation holds crash reports (CR-3) for crashes involving injury, death, or property damage over $1,000. Reports cost $6 for a regular copy or $8 for a certified one. Involved parties can order these through the CRIS online system at TxDOT.

Driver's License Suspension in Wharton County

A DWI arrest in Wharton County triggers the Administrative License Revocation process administered by Texas DPS. The arresting officer takes the physical license on the spot and issues a 40-day temporary permit. The driver has 15 days from arrest to request a hearing. Missing this deadline means the suspension goes into effect automatically when the 40-day permit expires.

First offense suspension periods: 90 days for failing a chemical test, 180 days for refusing one. If there was a prior suspension within 10 years, both periods double. The ALR case is handled separately from the criminal court case in Wharton County. Even a not-guilty verdict on the DWI charge does not cancel an ALR suspension. A $125 reinstatement fee is required before DPS will issue a new license. The ALR process is governed by Transportation Code Chapter 524.

You can order your Texas driving record online at dps.texas.gov. The standard certified history costs $10. This record shows all suspensions, DWI convictions, and other entries. It cannot be requested at a driver license office or by phone.

Nearby Counties

Wharton County is surrounded by several counties in the Gulf Coast and Coastal Plains region. DWI cases from those areas are handled by their own courts.