Reader’s Question:

My father mentioned to me that Texas has increased its fines for DWI arrest or that it passed a “Surcharge” for individuals convicted of DWI? How does it work and is this some type of a fine?

Melody

Dallas, Texas

Thanks for asking Melody. Contrary to media reports, the 78TH Texas Legislature did not increase DWI fines. However, the Legislature did pass an administrative fee or also called a “Surcharge” under a law known as the “Driver Responsibility Act”, which started on September 1, 2003. Under this law the fees are strictly administrative in nature, and are above and beyond, any fines, court costs, probation fees or filing fees that the Texas State already receives in a DWI case. The law basically requires any person convicted after September 1, 2003 of a first DWI arrest to pay the State of Texas a “DPS” Department of Public Safety surcharge of $1,000 per year for three years as a condition to maintaining his license; or any person convicted of a second DWI arrest to pay the State of Texas a “surcharge” of $1,500 per year within a 36 month period to keep their drivers license; or any person convicted a DWI arrest, that has a blood or breath test result of .16 or higher, to pay $2,000 per year for three years to maintain their drivers license.

These fees are paid to the Department of Public Safety and failure of payment within the designated time allowed or entering into an installment payout agreement, the person will automatically lose their driver’s license or the privilege to obtain a driver’s license until the money is paid.

Department of Public Safety will assess a surcharge when the driver accumulates a total of six points or more on their record during a three-year period. The driver must then pay a $100 surcharge for the first six points and $25 for each additional point.