by Carrie E. Campbell, J.D.
In order to curb the number of people driving while intoxicated, the state continues to increase the penalties so as to finally make DWI unaffordable. In addition to jail time, fines, alcohol programs and probation, the government is now also using the privileges it extends with a Texas drivers license to modify behavior, and hopefully, save lives.
The Driver Responsibility Program passed in 2003 specifically addresses habitual traffic law offenders, including persons convicted of driving under the influence of alcohol and/or drugs. As applied, the Texas Department of Public Safety (DPS) must assess a fee against those convicted of DWI in Texas OR out-of-state interested in keeping their Texas license. For first time offenders, the fee is $1000 per year for a maximum of 3 years. If convicted of DWI a second time in a 36 month period, the annual fee increases to $1500 per year. The amount raises further to $2000 per year if a suspect elects a trial and the state is successful in proving that the Defendant had a blood alcohol concentration of 0.16 or higher at the time of the offense. Failure to pay the assessed fee(s) will result in the immediate suspension of an individual’s drivers license. A drivers license will also be suspended if a suspect refuses to take a breath and/or blood test to establish blood alcohol content.
Since driving is a privilege, and not a right, the state may apply conditions to the privilege. The immediate consequence of a revoked or suspend license is later reinforced by the court during the criminal prosecution. If you have any questions regarding the applicability of this statute in a DWI defense or if you know someone who has been injured by a person driving under the influence of alcohol or drugs, you should consult an attorney of choice.
The Driver Responsibility Program passed in 2003 specifically addresses habitual traffic law offenders, including persons convicted of driving under the influence of alcohol and/or drugs. As applied, the Texas Department of Public Safety (DPS) must assess a fee against those convicted of DWI in Texas OR out-of-state interested in keeping their Texas license. For first time offenders, the fee is $1000 per year for a maximum of 3 years. If convicted of DWI a second time in a 36 month period, the annual fee increases to $1500 per year. The amount raises further to $2000 per year if a suspect elects a trial and the state is successful in proving that the Defendant had a blood alcohol concentration of 0.16 or higher at the time of the offense. Failure to pay the assessed fee(s) will result in the immediate suspension of an individual’s drivers license. A drivers license will also be suspended if a suspect refuses to take a breath and/or blood test to establish blood alcohol content.
Since driving is a privilege, and not a right, the state may apply conditions to the privilege. The immediate consequence of a revoked or suspend license is later reinforced by the court during the criminal prosecution. If you have any questions regarding the applicability of this statute in a DWI defense or if you know someone who has been injured by a person driving under the influence of alcohol or drugs, you should consult an attorney of choice.
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