Texas DWI Surcharge Modification Being Contemplated
The Houston Chronicled reported State Senate Criminal Justice Committee Chairman John Whitmire is putting together a panel to consider modifying or repealing the Driver Responsibility Program, which includes a surcharge of $1,000 annually for three years for first-time driving-while-intoxicated offenders. One of the many consequences of a DWI conviction is the surcharge, which if not paid, will leave a DWI offenders with suspended licenses indefinitely.
Another issue to be discussed is the various methods different counties address DWI."We need a consistent DWI policy across the state of Texas," Whitmire said. "Why would the state of Texas have a criminal justice system in Houston that will completely allow you to have no record, and in the New Braunfels experience you do (have a record), and then you go to Bexar County and she don't even file on you (for) DWI the first time? You need to be selective about where you want to get caught drinking I guess."
In Harris County the police is to offer DIVERT, a pre-trial diversion program that if completed allows the DWI defendant to avoid a conviciton."
In Bexar County, District Attorney Susan Reed allows first-time drunken-driving defendants who meet certain parameters to plead instead to a charge of "obstruction of a highway – intoxication." Defendants must undergo treatment and abide by conditions, including locks on their vehicles.
These are of course all preliminary discussions. The state legislature meets next year. It will be interesting to see what the outcome is. I would be a bit surprised if the surcharge goes away. In a bad economy Austin will do whatever it takes to raise money. As aHouston DWI Attorney I of course will keep looking out for any changes to the law.
