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The Texas Surcharge Program is run by the Texas Department of Public Safety (DPS). DPS assesses surcharges to drivers based on particular traffic offenses. A driver is notified by mail each time a surcharge is added to their driving record. A surcharge is in an addition to other fees. Surcharges don’t replace a driving suspension, revocation, denial, disqualification or cancellation that has resulted from the same conviction. Surcharges in Texas are in addition to other fees.
Their are two ways a surcharge in Texas can be assessed:
- Point System
- Conviction Based
Drivers who have both points and convictions reported to their driving record will receive separate surcharges for each offense; a surcharge for the points and a surcharge for the conviction(s).
Point System: Points are assessed for traffic convictions. After the conviction has been added to your driving record, points are assigned and remain on your driving record for three (3) years from the date of conviction.
- Two (2) points are assessed for a Texas or out-of-state traffic conviction
- Three (3) points are assessed for a Texas or out-of-state traffic conviction that resulted in a crash
NOTE: Points are not assessed for drivers who complete defensive driving.
Drivers who have six (6) or more points on their driving record are assessed a surcharge every year they maintain six (6) or more points. Surcharges amounts are:
- $100 for the first six (6) points on your driving record
- $25 for each additional point after six (6)
Conviction Based: Drivers who receive a conviction for DWI, Subsequent DWI, DWI w/BAC .016+, No Insurance, DWLI, or No Drivers License will pay an annual surcharge for three (3) years from the date of conviction. See the Surcharge Fees based on Conviction chart below for the surcharges. The surcharges are assessed each year for three (3) years. Points aren’t assessed for these offenses, because the surcharge is automatic upon conviction.
Convictions are added to your driving record once DPS receives notification from the court. As a result, there may be a delay between the date of the actual conviction and when the conviction is added to your driving record.
Texas Surcharge Fees based on Conviction
1st Driving While Intoxicated (DWI) – $1,000
Texas or out-of state conviction for DWI, Intoxication Assault or Manslaughter
Subsequent DWI – $1,500
Texas or out-of state conviction for DWI, Intoxication Assault or Manslaughter
DWI with Blood Alcohol Concentration of 0.16 or More – $2,000
Texas or out-of state conviction
No Insurance – Up to $250
Driving While License Invalid (DWLI) – $250
Driver license is canceled, suspended, denied or revoked
No Driver License – Up to $100
No driver license or commercial driver license, or an expired license
The surcharge amount is assessed every year for three (3) years.
No Insurance and No Driver License Convictions: Drivers convicted of No Insurance, but they had insurance at the time of the offense, can submit proof of insurance to DPS. The suspension for the No Insurance offense will be waived, but the driver will still have to pay the surcharge.
Recent legislation revised: Drivers can reduce their No Insurance surcharge to $125 per year, if they obtain a motor vehicle liability insurance policy and prepay six (6) months of insurance. The insurance policy has to be obtained no later than 60 days from the date of offense. To receive the reduction, drivers must provide evidence of both to the DPS.
Drivers can reduce their No driver License surcharge to $50 per year, if they obtain a driver’s license no later than 60 days from the date of offense. Drivers must submit a copy of their temporary drivers permit to the Department of Public Safety’s Enforcement and Compliance Service to receive the reduction. Valid drivers license also include an occupational, commercial, and interlock/restricted.
Payment of Texas Surcharges
Surcharges must be paid within 105 days or your drivers license will be suspended for failure to comply with the surcharge requirements. The driver’s driving privileges will remain suspended until an installment agreement is established or all surcharges and related costs are paid in full.
Award Winning Texas DWI Defense Attorneys
For more information on the Texas Surcharge Program please call one of the DWI Attorneys at Dunham & Jones to get your questions answered.
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