Surcharges in the State of Texas

Update:  Surhcharges no longer apply in the State of Texas but you can still get points on your license.

Traffic Ticket Attorney El Paso , Texas
Many people in El Paso have been getting letters from the DMV stating they owe surcharges to the state of Texas. A lot you don’t understand why those fees are being given to you if the traffic ticket was paid in full.  This article will help you understand what are surcharges, how they are applied, and how to take care of them if you couldn’t get your ticket dismissed.

Surcharges in the State of Texas

A surcharge is an administrative fee charged to a driver based on the number of points or convictions on the driver’s record for traffic tickets and other violations. A driver can receive separate surcharges for both points and convictions. Surcharges do not replace a suspension, revocation, disqualification, denial or cancellation resulting from these convictions.

A surcharge is assessed when the driver has six or more points on their driving record within 3 years. The driver is required to pay $100 surcharge for the first six points and an additional $25 for every point after six. The surcharge is assessed every year the driver maintains six or more points. Point surcharges may vary with each yearly review as convictions are added or removed from the driving record.

When drivers are convicted of intoxication assault or manslaughter, DWI with blood alcohol concentration of 0.16 or greater, driving without insurance, driving without a license, or driving while license invalid. They will pay a yearly surcharge for three years from the date of each conviction, once the conviction has been reported to DPS. If you have recently received a conviction for driving without insurance or driving without a license, you might be eligible for a reduction of your surcharge.

There are programs that the state offers for drivers with unpaid surcharges that can qualify for reductions of the amount they owe and maintain their driving privileges. Those programs are the indigency and incentive programs. The indigency program waives the surcharges owed for some individuals who have incomes at below 125 percent of the federal poverty guidelines. The incentive program reduces the number of surcharges owed for some individuals who have incomes above 125 percent and below 300 percent of the federal poverty guideline. If you need help you can always contact a traffic ticket attorney in El Paso for help.  Unfortunately, if you don’t qualify for those programs you will have to pay for the total amount of the surcharges. There are payment plans if you can’t pay the full amount all at once. At this time, no attorney in El Paso  is able to fight those surcharges and get them dismissed, so they do need to be paid. Unpaid surcharges can hold you back from renewing or getting a driver’s license in El Paso Texas.

The Driver Responsibility Program establishes a system that authorizes the Texas Department of Public Safety (DPS) to assess surcharges to an individual based on certain traffic offenses that have occurred on or after September 1, 2003. Individuals are notified by mail each time a surcharge is added to their driver record. Surcharges are in addition to other fees and do not replace a suspension, revocation, denial, disqualification or cancellation resulting from the same conviction.

Surcharges are assessed in two ways:

  1. Point System, and
  2. Conviction Based.

Individuals who have both points and convictions reported to their driver record will receive separate surcharges for each offense; a surcharge for the points and a surcharge for the conviction(s).

Individuals convicted of No Insurance but who 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 individual must still pay the surcharge.