Governor Abbott repealed the much-hated Driver Responsibility Program Surcharges this legislative session and repealed Texas Transportation Code Section 708. This section provided for the collection of surcharges for license points, convictions for driving while license invalid, no insurance tickets etc.  Further on September 1, 2019 the law requires the Department of Public Safety to reinstate licenses (with the appropriate fee paid of course) if the driver license was suspended ONLY for non-payment of Section 708 surcharges.

The repeal did NOT eliminate DWI surcharges and kept them as part of the law.  The new Texas Transportation Code Section 709 reads (in relevant part) as follows:

Sec.709.001.    TRAFFIC  FINE  FOR  CONVICTION  OF  CERTAIN INTOXICATED DRIVER OFFENSES.  

            (a)   In this section, “offense relating to the operating of a motor vehicle while intoxicated” has the meaning assigned by Section 49.09, Penal Code.

            (b)        … in addition to the fine prescribed for the specific offense, a person who has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated shall pay a fine of:

                        (1)        $3,000 for the first conviction within a 36-month period;

                        (2)        $4,500  for  a  second  or  subsequent  conviction within a 36-month period; and

                        (3)        $6,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of  the  person’s  blood,  breath,  or  urine  showed  an  alcohol concentration level of 0.15 or more at the time the analysis was performed.

The only real change to the DWI surcharges in Texas was that the prior law increased the higher surcharge for a BAC of .16 or above, and the Penal Code enhanced the offense to a Class A Misdemeanor with a BAC of .15 or above. The differences were confusing and didn’t make sense.

The bottom line is, if you have surcharges for anything but a DWI, the state will not be able to collect those after September 1, 2019.

If you have surcharges for a DWI conviction, they are still valid and will be collected by the state.  Failure to pay the DWI surcharges will result in a suspension of all driving privileges in Texas until such time as they are paid, or a payment plan is entered with the Texas DPS.

For those that wish to review the version of the bill that was signed by the Governor, here is a link to the text: https://legiscan.com/TX/text/HB2048/id/2027484

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County criminal case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.483.8000 Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney. Criminal Defense Lawyers with Unparalleled Passion for Success Providing Quality Representation for your Denton, Lewisville, Flower Mound, Carrollton, Corinth, Highland Village Dallas, Plano, McKinney, Denton County, or Collin County criminal case.