The Shift from Surcharge to Superfine
As of September 2019, the Texas Department of Public Safety (DPS) abolished the “surcharge” program. While this sounds like an improvement, the State replaced it with a Texas DWI “superfine.” In other words, Texas maintained the financial penalties for DWI convictions while eliminating the “points” system for minor tickets. Let’s examine how the law has changed—and how it remains the same.
Surcharge vs. Superfine
The Old System: Surcharge
Under the old system, the DPS issued fines based on either “points” or specific convictions. The State only recorded points on a driver’s license following a conviction. The previous statute defined a “conviction” as a “final conviction,” whether the defendant served jail time or received probation. Regarding DWI surcharges, the old law mandated the following:
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The department shall assess a surcharge on the license of any person whom the state finally convicted of a DWI offense during the preceding 36 months.
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The department set the surcharge at $1,000 per year, with two exceptions:
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$1,500 per year for a second or subsequent conviction within 36 months.
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$2,000 per year for a first or subsequent conviction if the defendant’s BAC registered .16 or higher.
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The law prohibited the department from assessing a surcharge for the same conviction for more than three years.
The New System: Texas DWI Superfine
Unlike the previous statute, the new superfine system fails to clarify the meaning of “finally convicted.” While most attorneys argue that “final conviction” refers only to jail time, courts impose the superfine even when they place a person on probation. However, the new system empowers the court to waive the superfine for indigent persons and lists the documentation required for proof.
The State calculates the DWI “superfine” as follows:
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$3,000 for the first conviction within a 36-month period.
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$4,500 for a second or subsequent conviction within 36 months.
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$6,000 for any conviction where the state proves at trial that the defendant’s blood, breath, or urine showed an alcohol concentration of .15 or higher.
When you do the math, the State collects exactly the same amount as the old surcharge; the legislature simply reworded the law and lowered the high-BAC threshold from .16 to .15.
Fighting Back Against Surcharges
When the surcharge program existed, Mimi Coffey fought the system tooth-and-nail, labeling it unconstitutional. She sued Texas DPS in Federal court, arguing that the surcharge system violated double jeopardy protections and constituted cruel and unusual punishment. Although the Federal Court dismissed the case, the ruling did not deter Mimi. She testified before the Texas Legislature, urging lawmakers to repeal the surcharge system entirely.
If you’ve been arrested in Tarrant County, expert DWI Attorney Mimi Coffey can help! Mimi Coffey is Board Certified in DWI defense by the NCDD.
Learn more about Mimi Coffey best dwi lawyer in Tarrant County.
