TexasBorden CountyCourt

Borden County DWI Court Guide

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

Last verified: January 6, 2026

Borden 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 Borden County Court System

The Borden 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 Borden County Guides

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

The Borden County Sheriff’s Office is headquartered at 117 E. Wasson Avenue in Gail. If you've been arrested for DWI in Borden County, understanding the local court procedures can help you navigate the process. Borden County presents unique logistical challenges due to its rural nature and status as a "dry" county.

Borden County Courthouse and Key Personnel

The Borden County Courthouse is located at 117 E. Wasson Ave, Gail, TX 79738. Ample, free parking is available on the courthouse square. Expect a single entrance with a metal detector; cell phones are generally restricted.

Key personnel to be aware of include:

  • County Judge Shane Walker: Presides over the Constitutional County Court, which handles misdemeanor DWIs (1st and 2nd offense). His docket is split between criminal cases and county business, and criminal dockets are usually set for specific days, usually monthly.
  • District Clerk Jana Underwood: Serves as both County Clerk and District Clerk, managing files for both misdemeanor and felony DWIs. Her office is CLOSED FOR LUNCH from 12:00 PM to 1:00 PM daily. Do not attempt to file documents or call during this hour.

Initial Appearance and Magistration

A critical issue in Borden County is the "Monday Magistrate" reality. Justice of the Peace Jane Jones (Precinct 1) holds office hours are "MONDAY ONLY 9:00 a.m. - 5:00 p.m." If arrested on a Friday evening, you might remain in custody in Garza or Dawson County until Monday morning. Your attorney can intervene by contacting the Sheriff at 806-756-4311 to request expedited magistration.

Bail and Bonding

There are no bail bond offices in Gail. You must use bondsmen located in the county where you are detained (Garza or Dawson), who are also licensed to write bonds for Borden County charges. The bond agent will be in Post or Lamesa, but the court file is in Gail, adding a layer of administrative steps.

Vehicle Impound

Because Gail has no municipal impound lot, your vehicle will be towed to a neighboring county. The release process is strictly bifurcated:

  1. Administrative Release (Gail, TX): The registered owner must go to the Borden County Sheriff’s Office in Gail (117 E. Wasson Ave) to present proof of ownership (title/registration) and valid insurance and obtain a physical "Impound Release Form." Call 806-756-4311 before driving to Gail to ensure someone is available to issue the release.
  2. Physical Retrieval (Remote Location): Once the release is in hand, travel to the tow company’s lot, which is never in Gail.

Contact the Borden County Sheriff at 806-756-4311.

Sources

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