What are surcharges?

People commonly ask what surcharges are and why they have them. Knowing how you got surcharges and how to avoid them can be helpful because a surcharge is one of the more serious possible consequences of having traffic tickets.

A little background. In 2003 the Texas state legislature enacted a law that created something called the "Driver Reponsibility Program." The DRP requires the Department of Public Safety to charge fees or surcharges to people who are convicted of certain traffic offenses. The DRP is essentialy a tax or extra penalty on top of any fines or other punishments imposed on violaters of certain offenses. But there's more. The law also authorizes driver's license suspensions for failing to pay the surcharges themselves.

Now, how exactly do you get these "surcharges?"

1. You will be required to pay surcharges if you accumulate 6 or more points. The DPS will give you points if you are convicted of moving violations. The DPS decides which offenses are moving violations. You can find a list of moving violations here. You are given 2 points for every conviction for a moving violation and 3 points for conviction for a moving violation that results in an accident.

You must pay $100 a year for three years plus an additional $25 for each point.

2. If you are convicted for failing to maintain financial responsibility (no insurance) or driving with an invalid license you must pay $250 a year for three years.

3. If you are convicted for driving while unlicensed you must pay $100 a year for three years.

4. If you are convicted for intoxication offenses you must pay, in most cases, $1,000 a year for three years.

Surcharges can add up fast. For example, say someone was ticketed and pled guilty for driving with no insurance. They would be convicted and then have to pay $750 over the next three years. If they were unable to pay that fee then their license could be suspended. Then say they were pulled over and ticketed for driving with an invalid license because of the suspension. In this example, the driver would be facing a possible $750 in additional surcharges even though they could not afford the first $750. This kind of scenario is why it's best to avoid convictions and surcharges in the first place.

Driver Responsibility Program

List of moving violations from TXDPS

TS

Law Office of Thomas Swain

905 W. Oltorf St., Ste. D

Austin, TX 78704

P: (512) 241-9380

What's this all about?

Hi there. My name is Thomas Swain and I am an attorney who practices criminal law mainly in and around Austin, Texas. I've started this blog to try to answer some common questions I have received about traffic tickets. What they are, what they mean, and what they can do to you. I'll also post on related topics that I think are interesting.

I am licensed in Texas so posts will focus on Texas law because . . . well . . . that's what I know about. Please keep in mind that none of these posts create an attorney-client relationship. They're for informational purposes. And if you need advice about a particular case or situation you should contact a licensed attorney in your state or jurisdiction.

TS

Law Office of Thomas Swain

905 W. Oltorf St., Ste. D

Austin, TX 78704

P: (512) 241-9380