Controversial Surcharge for Drunk Driving More Than Drivers Can Afford
Drivers convicted of Texas DWIs are surprised to receive notice of an additional $100 to $2,000 surcharge they must pay to keep their licenses under the state's Driver Responsibility Program.

April 24, 2010 /24-7PressRelease/ -- Controversial Surcharge for Drunk Driving More Than Drivers Can Afford

Surcharges Create Unreasonable Burden

What began as a good idea quickly turned into a financial nightmare for Texas drivers. Likened to a "debtor's prison" by one state legislator, the Driver Responsibility Program (DRP) requires drivers who accumulate too many points for moving violations or who are convicted of certain offenses -- including drunk driving -- to pay annual surcharges for three years in addition to the other fines, penalties and fees they owe for their offenses.

And what is even worse is that many Texans know nothing about the program. They may not receive notices from the state until months after receiving traffic tickets or being convicted of drunken driving offenses, informing them that they have 30 days to pay the surcharges or face automatic suspensions of their driver's licenses.

The Driver Responsibility Program was supposed to be an additional way to hold drivers accountable for unsafe driving practices. But instead of creating a state full of safer, more responsible drivers, the program has exacerbated financial troubles already faced by Texans in the difficult economy. With surcharges ranging from $300 to $6,000 over a three-year period, many people are unable to pay the fines and still afford basic living expenses, like rent and food.

Forced to make the difficult decision between paying for basic needs or their surcharges, many choose not to pay the surcharges. In fact, state records show the program has around a 30 percent compliance rate. The problem with not paying the surcharge, however, is that drivers automatically lose their driver's licenses until they pay the amounts owed in full. This, in turn, creates a vicious cycle because people caught driving without licenses will be assessed additional $100 annual surcharges on top of the surcharges they already owe.

DWI Surcharges up to $2,000 per Year

The amount of the surcharge a driver must pay varies depending on the driver's offense. For example, drivers who accumulate at least six points against their driver's licenses must pay $100 per year. Any points over six result in an additional $25 charge per point.

But a driver convicted of a DWI must pay much more annually, with a first-time offender paying $1,000 per year for the three-year period, and a second and subsequent offender paying $1,500 each year. The surcharge goes up significantly if the driver had a high blood-alcohol concentration (BAC) -- $2,000 for BACs 0.16 or higher.

Other offenses requiring surcharges include:
- Driving without insurance: $250
- Driving with an invalid driver's license: $250
- Driving without a driver's license: $100

Program Heavily Criticized as Excessive, Ineffective

The DRP was introduced in 2003 as a means to provide additional revenue to the state for maintaining roads and running hospital trauma centers. However, it appears little of the money collected from the surcharges has been used for its intended purposes. According to state Sen. Eliot Shapleigh, D-El Paso, none of the money has been applied to General Revenue Fund for roads and only a fraction has been given to the Trauma Center Fund. The majority of the money is sitting untouched in the state's treasury.

Shapleigh has been a vocal critic of the program and tried unsuccessfully last year to have the DRP repealed. Other state legislators share Shapleigh's sentiments and have argued that the program unfairly targets low-income earners. State Rep. Lon Burnam, D-Fort Worth, said the program was another example of Texas trying to "balance the budget on the backs of those who can least afford it."

Others have criticized the Driver Responsibility Program for being ineffective. Sen. John Carona, R-Dallas, said that the program does not deter dangerous driving. Mothers Against Drunk Driving (MADD), which supported the bill when passed, has said the group would not oppose an attempt to repeal the program because there is no evidence showing the program has resulted in a decrease in alcohol-related accidents in Texas.

The program also suffers from low compliance rates. From 2004-2009, approximately 5 million Texans have been subject to surcharges under the program, totaling some $1.8 billion dollars. However, the state only has been successful in collecting around $700 million of the surcharges owed. Those with DWIs are among the least likely to pay, with a 39 percent compliance rate.

Conclusion

While some are optimistic that the Driver Responsibility Program will be repealed by the Texas legislature, such action is unlikely to be taken until 2011 at the earliest. The Texas Department of Public Safety is attempting to fix the program by lowering penalties to those earning incomes 125 percent below the federal poverty level. The legislature wants to see if this or other fixes can save the program first before they take action to end it.

Until the legislature takes action against the DRP, Texans will be required to keep paying surcharges as part of their punishment for DWIs and other traffic offenses -- making it all the more important to challenge tickets or other charges that can result in surcharges.

For more information on defending against a DWI or other traffic offense, contact an experienced criminal defense attorney today.

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