Wednesday, April 18, 2012

Texas Driver License Fines and Suspensions

A. The Texas Driver Responsibility Program and Points on Your License

Texas uses the Texas Driver Responsibility Program (DRP) adopted by the state legislature (TRC §708; Article 10, House Bill 3588, 78^th Legislative Session) to track individuals’ traffic violations, assign points to their records, and assess fines to drivers who receive or exceed a certain number of license points. Not surprisingly, the point system has been an efficient revenue generator for the state.

The Texas DRP works by assigning points for Class C Misdemeanor Moving Violations. Moving violations are defined in 37 Tex. Admin. Code §15.89, including a list of violations for which points are assigned. Two points are assigned for each moving violation in Texas or any other state, although no points are assigned for speeding if the posted speed limit was exceeded by no more than 10 %. Three points are assigned for any moving violation that results in an accident. Two points are assigned for each child safety seat violation, but no points are assigned for adult seat belt violations. Points stay on the driver’s record for three years from the date of conviction for the violation. The point system does not apply to offenses committed before September 1, 2003.

For more serious moving violations, offending drivers are penalized with substantial surcharges instead of points. Drivers convicted for such offenses after September 1, 2003 must pay an annual surcharge for three years after the date of conviction for the offense. These surcharges are cumulative. For example, a driver convicted for Driving While Intoxicated (DWI) would have to pay a $1000 annual surcharge for three years, but a second DWI conviction within the three years requires an additional $1500 annual surcharge for three years from the second DWI conviction.

Some Conviction-Based Surcharges for traffic offenses include the following:

DWI, Intoxication Assault or Intoxication Manslaughter:

First offense: $1000 per year for three years
Second or subsequent offense: $1500 per year for three years
DWI with a blood alcohol level of 0.16 or higher: $2000 per year for three years

Failure to maintain financial responsibility: $250 per year for three years
Driving with an invalid license: $250 per year for three years
Driving without a license: $100 per year for three years

All of these surcharges are in addition to all other fees, including administrative and reinstatement fees, and will not affect any suspension, revocation, disqualification or cancellation action that may result from conviction of the offense.

The Texas Department of Public Safety (DPS) annually reviews all driving records for potential Surcharge Assessments. If you receive 6 points in any consecutive three-year period, you will be assessed a $100 Surcharge for the year that you reached 6 points. For each additional point over 6, your surcharge goes up by $25, with no upper limit. For any subsequent year, if your driving record still shows 6 or more points for the previous three years, you will be assessed with an additional surcharge. You could have to pay the surcharge for one or more additional years if 6 or more points are still on your record. Point surcharges are cumulative, and they can vary for each year you are assessed if convictions are added or removed from your driving record. There is potentially no limit to the fines you could pay for Texas traffic violations.

Should you fail to pay surcharges, your license may be suspended and you may have to pay additional fines. Your license can also be suspended if you are convicted of 4 or more moving violations within a one-year period, or 7 or more moving violations within two years.

The days of simply paying your traffic ticket fine are gone. Conviction for a traffic violation can be very costly and have more serious consequences for more serious violations such as DWI.

B. Notification to Drivers of Surcharges and License Suspensions:

Stay aware of your driving record status to avoid nasty surprises and unexpected fines. The Texas Department of Public Safety notifies drivers by mail when they have been assessed surcharges, with monthly reminders. The notice will tell you that suspension of driving privileges will result unless the surcharge is paid within 30 days. Failing to pay the surcharges on time may result in license suspension until all surcharges and any other costs are paid, or the driver initiates an installment program with the DPS and complies with it.

Please note that although the DPS sends monthly reminders of surcharges due, the driver is still responsible for timely payment even if he or she for some reason does not receive the notice. You can check your record regularly by ordering a driving record report from the Department of Public Safety. The report shows whether your license is currently valid, whether there are any revocations or suspensions, and any moving violations or accidents. If you know what is on your driving record, you may be more motivated to avoid further citations or charges.

You can purchase a copy of your driving record by completing an application form and mailing it to the Department of Public Safety with the fee, or by using the online service: www.txdps.state.tx.us.

The Municipal Services Bureau is responsible for mailing surcharge notices and collecting all fees. To pay a surcharge or establish a payment installment plan, contact the Municipal Services Bureau by telephone at 1-800-688-6882.

For additional questions about the surcharge program, you may contact the Department of Public Safety’s Customer Service department by telephone at (512) 424-2600 (English) or at (512) 424-7181 (Spanish).

Author: Sullo & Sullo Attorneys

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