TexasBrazos CountyCourt

Brazos County DWI Court Guide

Everything you need to know about appearing in court for your DWI case in Brazos County.

Last verified: April 1, 2026

Brazos County Criminal Justice Center

Clerk Office Hours
Monday - Friday, 8:00 AM - 4:30 PM
Parking
Street parking and nearby paid lots available. Arrive early - parking fills up quickly on busy court days.

About the Brazos County Court System

The Brazos County judicial system is bifurcated: County Criminal Courts at Law (16 courts) handle misdemeanor DWI cases (first/second offenses), while Criminal District Courts (20+ courts) handle felony charges (third offense, child passenger, injury, or death). The CJC houses both - misdemeanor courts on mid-rise floors, felony courts on high-rise floors.

Critical: Do NOT Do These Things

Miss your court date

Warrant issued immediately

Talk to prosecutors without your attorney

Anything you say can be used against you

Post about your case on social media

Can be used as evidence

Drive with a suspended license

Additional criminal charges

Violate bail conditions

Bail revoked, returned to jail

Discuss case with anyone except attorney

Others can be subpoenaed to testify

Security Screening & Prohibited Items

What to Expect

  • Metal detector screening (remove belt, watch)
  • Bag/purse X-ray scanning
  • Allow 15-20 minutes for security
  • Typical wait: 1-3 hours once inside

Do NOT Bring

  • Weapons (including pocket knives)
  • Pepper spray or mace
  • Large bags or backpacks
  • Food or drinks (water OK)

Court Day Checklist

Required Documents

Day-Of Reminders

Tip: Screenshot or print this checklist. Check items off as you prepare the night before.

How DWI Cases Move Through Court

1. Arraignment

First appearance, typically within 24-48 hours after arrest.

What Happens:

  • Judge reads charges
  • Enter plea (usually Not Guilty)
  • Bail is set or reviewed
  • Next court date scheduled

What to Know:

  • Most plead Not Guilty initially
  • Attorney will advise on plea
  • Write down next court date
  • Request public defender if needed

2. Pre-Trial Hearings

Multiple court dates over 2-6 months. Your attorney handles most of this.

What Your Attorney Does:

Reviews police reportsChallenges evidenceFiles motions to suppressNegotiates plea bargainsQuestions breathalyzerExplores diversion programs

3. Plea Bargain or Trial

Over 90% of cases resolve through plea bargaining, not trial.

Plea Bargain (Common)

  • Reduced charges possible
  • Lower penalties
  • Faster resolution
  • Known outcome

Trial (Rare ~5%)

  • Jury decides guilt
  • Higher risk/reward
  • Takes 6-12+ months
  • More expensive

4. Sentencing

Judge imposes penalties. First offense usually means probation.

Common Outcomes (1st Offense):

Probation (most common)Fines & court costsLicense suspensionAlcohol education classesCommunity servicePossible ignition interlock

Related Brazos County Guides

DMV & License
ALR hearing & license suspension
Bail & Bond
Bail amounts & bondsmen
Vehicle Impound
Get your car back

Brazos County DUI Court Process

Being arrested for Driving Under the Influence (DUI) in Brazos County can be a frightening experience. Understanding the court process is crucial to navigating this challenging time. This guide provides a comprehensive overview of what to expect as your case moves through the Brazos County court system.

Which Court Handles DUI Cases?

In Brazos County, DUI cases are typically handled in the County Courts at Law and the District Courts. Specifically:

  • County Court at Law No. 1 (CCL1): Located at 300 E. 26th St., Bryan, TX 77803.
  • County Court at Law No. 2 (CCL2): Located at 300 E. 26th St., Bryan, TX 77803.
  • District Courts (272nd, 85th, 361st): Located at 300 E. 26th St., Bryan, TX 77803.

Unfortunately, phone numbers and specific operating hours for these courts are unavailable.

To find your specific court date, you can check court records or contact the Brazos County District Clerk.

The Court Process Timeline

The DUI court process in Brazos County generally follows these steps:

1. Arraignment (First Appearance)

  • When it happens: The arraignment is your first official appearance in court, usually within a few weeks of your arrest.
  • What to expect: The judge will inform you of the charges against you, your rights, and the potential penalties.
  • Entering a plea: You will be asked to enter a plea of "guilty," "not guilty," or "no contest."
  • Getting a court-appointed attorney: If you cannot afford an attorney, you can request a court-appointed attorney by submitting an "Affidavit of Indigence." The Brazos County Indigent Defense Plan dictates that these requests should be processed within 24 hours of receipt; however, if arrested on a weekend, determination may be delayed until the next business day. Keep in mind that being deemed "indigent" for attorney purposes does not automatically waive the costs of any bond conditions such as an interlock device.

2. Pre-Trial Hearings

  • Discovery process: Your attorney will receive evidence from the prosecution, including police reports, breath or blood test results, and witness statements. This is known as the discovery process.
  • Plea negotiations: Your attorney may engage in plea negotiations with the prosecutor to potentially reduce the charges or penalties.
  • Typical plea deals in Brazos County: Plea deals can vary based on the specific circumstances of your case, your prior criminal record, and the strength of the evidence against you.

3. Trial (If No Plea Deal)

  • Jury vs. bench trial: You have the right to choose between a jury trial (where a jury decides your guilt or innocence) and a bench trial (where the judge decides).
  • What prosecution must prove: The prosecution must prove beyond a reasonable doubt that you were driving while intoxicated, meaning you had a blood alcohol concentration (BAC) of 0.08 or higher, or that you had lost the normal use of your mental or physical faculties due to alcohol or drugs.
  • Common defenses: Common defenses in DUI cases include challenging the accuracy of the breath or blood test, arguing that the police lacked probable cause to stop you, or demonstrating that you were not in fact intoxicated.
  • Typical trial length: The length of a DUI trial can vary, but they typically last several days.

Penalties for DUI in Brazos County, TX

Penalties for DUI in Texas are determined by state law and can vary depending on the number of prior offenses and other factors.

First Offense

  • Jail time: TX law §49.04 specifies a range of 3 days to 180 days in jail.
  • Fines: TX law §49.04 specifies a fine up to $2,000.
  • License suspension: A first DUI offense can result in a driver's license suspension of 90 days to 1 year.
  • Other requirements: You may also be required to complete a DUI education program, perform community service, and potentially install an Ignition Interlock Device (IID).

Second Offense

A second DUI offense carries more severe penalties under Texas law.

  • Jail time: TX law §49.04 specifies a range of 30 days to 1 year in jail.
  • Fines: TX law §49.04 specifies a fine up to $4,000.
  • License suspension: The license suspension period is typically one to two years.
  • Mandatory IID: Installation of an IID may be required.

Third Offense

A third DUI offense is a felony under Texas law.

  • Prison time: TX law §49.09 specifies a range of 2 to 10 years in prison.
  • Fines: TX law §49.09 specifies a fine up to $10,000.
  • Permanent revocation risk: Your driver's license may be permanently revoked.

Court Programs in Brazos County

Information on specific diversion programs, drug courts, or DUI courts in Brazos County is unavailable. Contact the Brazos County District Attorney's office for further information about available programs.

What to Bring to Court

  • Photo ID
  • Court summons
  • Any documentation related to your case
  • Dress professionally: Business casual attire is generally appropriate. Avoid wearing shorts, t-shirts, or overly casual clothing.

Local Court Procedures

It's important to note that court parking at 300 E. 26th St. requires payment of $1.00/hour, payable by cash or card.

Frequently Asked Questions

  • Where do I request an "Affidavit of Indigence" if I cannot afford an attorney in Brazos County? You must request an "Affidavit of Indigence" at the time of magistration.
  • If I post a cash bond in Brazos County, how do I get it back after my case is resolved? Upon case dismissal or conclusion, you must take the original receipt to the County Clerk or District Clerk’s office (located at the courthouse, not the jail) and file a request. The county will then process a check, which is mailed weeks later.
  • If released on bond in Brazos County for a DUI, how long do I have to install an interlock device? The court typically grants a window (e.g., 30 days) from release to have the device installed. Failure to provide proof of installation to the Bond Supervision office results in a warrant for "Bond Insufficiency."

Sources

Sources

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