Reviewed and updated October 9, 2026 by the SearchSystems.net editorial team. The arrest counts are the ones each agency reported to the FBI, as the FBI held them on October 8, 2026. The jail figures are from the Vera Institute of Justice's Incarceration Trends data. Every office link was opened and checked against the office's own site between September 23, 2026 and October 1, 2026.
San Marcos, Texas, in Hays County, has about 74,000 residents (2024 Census Bureau estimate). A DWI arrest in San Marcos starts two cases, a criminal case (in the County Court at Law, or the District Court when it is charged as a felony) and a license case before the Department of Public Safety, and leaves three records. This guide follows the arrest from the roadside to the court file and the driving record.
This guide covers the law, the arrest, booking, the court case, the license case, the records and common questions.
Related guides: San Marcos public records, Hays County DWI, San Marcos arrest records, San Marcos warrants, San Marcos inmate search, San Marcos criminal records, Texas arrest records and Texas inmate search.
The DWI Law in Texas
In Texas the offense is DWI, and the limit is 0.08.
Driving in Texas is consent to a breath or blood test when an officer has cause to suspect DWI; the license case that follows a refusal or a failed test is run by the Department of Public Safety, separately from the criminal case.
Texas sets no time limit on prior offenses: every earlier conviction counts toward a repeat charge.
Who Makes DWI Arrests in San Marcos
The Hays County Sheriff's Office and the agency that reports for San Marcos (filed by the FBI as San Marcos Police Department) make the DWI arrests in and around San Marcos.
The FBI's agency list also places six other agencies and one campus police department in Hays County (the arrest records guide names each one).
Together, the four agencies in Hays County with all twelve months of 2025 on file reported 4,754 arrests to the FBI that year, all offenses together; the FBI's count for Hays County does not break DWI out.
The Austin Police Department is listed by the FBI across three counties including Hays County, so its arrests are not broken out for Hays County here.
Booking After a DWI Arrest in San Marcos
A driver arrested for DWI and kept in custody goes to the county jail, whichever agency made the arrest. The jail, run by the Hays County Sheriff's Office, held about 440 people on an average day so far in 2026 by the Vera Institute of Justice's count and has a jail page SearchSystems verified at hayscountytx.gov/sheriff/correctionsbureau, phone 512-393-7800. The San Marcos inmate search guide covers the jail in full.
The Court Case
A DWI charge from San Marcos is brought by the District Attorney in the County Court at Law, or the District Court when it is charged as a felony.
The court records page SearchSystems verified for the county is at hayscountytx.gov/492/District-Clerk-Records-Search-Copy-Reque, phone 512-393-7625.
Texas has no single public index of every trial court case; each court's records are looked up through that court.
The License Case
A DWI arrest starts two cases: the criminal one above and an administrative one over the license, run by the Department of Public Safety. The driving record, kept by the Texas Department of Public Safety, carries the result of both.
The Records a DWI Leaves
- The arrest report: from the agency that made the arrest, under the Texas Public Information Act.
- The court file: from the County Court at Law, or the District Court when it is charged as a felony, kept by the District Clerk for district court cases and the County Clerk for county court cases.
- The driving record: from the Texas Department of Public Safety.
More on each: San Marcos arrest records and San Marcos court records.
Frequently Asked Questions
What is the DWI limit in Texas?
0.08 percent blood alcohol.
Where is a DWI case from San Marcos heard?
In the County Court at Law, or the District Court when it is charged as a felony, brought by the District Attorney. The court records page SearchSystems verified for the county is at hayscountytx.gov.
Where is a person arrested for DWI in San Marcos held?
At the county jail, run by the Hays County Sheriff's Office, if kept in custody.
Who handles the license after a DWI arrest in Texas?
The Department of Public Safety, in an administrative case separate from the court case.
How long does a DWI count as a prior in Texas?
There is no time limit; every prior conviction counts.
Is this the official San Marcos website?
No. SearchSystems.net is an independent public records guide, online since 1997. It links to the official city, county, court and state offices described above and does not hold records, charge for them or take requests.