Texas Driver's License Points Surcharge under Section 708.051 of HB3588 of the Transportation Code
It is important for every driver in the state of Texas to be fully aware of certain laws enacted in 2003 concerning Texas DWI convictions. Under Section 708.051 of the Driver Responsibility Program, a driver's license will accumulate a certain number of points as of the date a DWI conviction is recorded. Points shall be assigned to a license as follows:
1. Two points for moving violation of Texas law, or another state's traffic law.
2. Three points for a moving violation of Texas' DWI law, or another state's traffic law which resulted in an accident.
The only good part of this is that the department will not assign points to a license if the driver was convicted of speeding at less than ten percent faster than posted speed limit.
On the other hand, persons who have accumulated 6 or more points on their license shall be required to pay a surcharge; such surcharge shall be $100 for first 6 points and $25. for each additional point. A driver will be notified by first class mail when they have accumulated a 5th point on their license.
For those persons convicted of a Texas DWI during the preceding 36 month period, the department shall assess a surcharge--a much higher surcharge--as follows:
a. $1000 per year, for first conviction.
b. $1500 per year for second or subsequent DWI conviction within a 36 month period.
c. $2000 for first or subsequent DWI conviction where it was shown at trial that the person's blood, breath, or urine showed an alcohol content of .16 or more at time of analysis.
If a driver fails to pay this surcharge by no later than the 30th day after notice, and fails to enter into an installment payment agreement, the person's license is automatically suspended. Such license will remain suspended until the person pays the amount due. Should a person fail to make required installment payments, the department is entitled to declare all payments due immediately.
And note this: IF YOU ARE ARRESTED FOR DWI AND PLEAD GUILTY THEN YOU WILL BE CHARGED A MINIMUM OF $3,000.00 IN SURCHARGE FEES. Often the costs of these surcharges are more than the attorney fees that I charge to fight your case, including a jury trial. If you have been arrested, please call me as soon as possible at 806-794-0394 to see how I may be able to help you.