In 2003, the Texas Legislature created a law that added an additional penalty to all those who are convicted of Driving While Intoxicated. The additional penalty is called a “surcharge.” Basically the way the surcharge works is that any person who either plead guilty to or was convicted by a judge or jury of a DWI had to pay $1,000.00 a year for three years to keep their Texas driver license. Make no mistake, anybody convicted of a Lubbock DWI will get a nice letter from the “collection” arm of the DPS demanding they pay this “surcharge.”
The surcharge law is disliked by everybody. Defense attorneys argue that the law is simply an additional penalty on everybody who is convicted of a DWI even though the legislature uses terms such as a civil surcharge. Most prosecutors I know dislike the law as it encourages those charged with a DWI to fight the charge in an attempt to eliminate the surcharge. Ask any judge and many will tell you they do not agree with the law.
The collection of the surcharge has been a disaster for the DPS and the private collection firm in charge. Many people charged with the surcharge simply can’t afford to pay the surcharge and elect to drive without their license. Now the DPS has instituted an “amnesty” program for some of those who are behind on their surcharge payments.
The “Amnesty” program started January 17, 2011 and runs thru April 17, 2011. The amnesty program is separate from the “indigent” program that the DPS will offer in the spring of 2011. Further the Texas legislature has passed an “indigent” statute that will start on September 1, 2011.
The basic rules for the amnesty program include the following as listed on the Texas DPS surcharge page.
- It will be offered from January 17 to April 17, 2011.
- Applications will only be accepted through April 7, 2011.
- Amnesty will not apply to any surcharges assessed after January 15, 2011.
- Who will be eligible for Amnesty?
- Anyone who has an unpaid surcharge that was assessed between September 30, 2004 and December 31, 2008.
- At least one of the surcharge(s) meeting the above criteria must be in default prior to the Amnesty period.
You can find an application to apply for the amnesty program here
