Legal Question in DUI Law in Texas

I got a dwi in 2013. Hired a lawyer and he didn't do much even told me not to go on trial. Got one year probation and lots of fines. But he said i already served my suspension, but then i got a letter for a surcharge and mandatory one year suspension. why did this happen? i recently got a ticket for drving with a suspended license which added a other year, what can i do about this? my dwi was not alcohol related, i had 0 percent in my system


Asked on 11/22/14, 5:12 pm

1 Answer from Attorneys

Michelle Scopellite Goldstein & Scopellite, PC

Why this happened, I cannot tell you but I would read your attorney-client agreement. Most times, if you hire what are called Flat Rate attorneys, they usually only handle limited issues, such as the criminal side of the case. If you hired an attorney to handle the DWI criminal case and possibly the ALR hearing, that is all they will do. If their agreement states that they would handle the re-reinstatement and occupational driver's license side of your case, then I would speak to the attorney that you previously hired. Again, read your agreement.

In Texas, and in most states, if you are convicted of a DUI or a DWI, or even if you plea no contest to a DUI or DWI, the driver's license bureau will access 3-years of surcharges against you, usually if its your first DWI, $1,000 per year, and if you do not pay the surcharges each year, the DMV will suspend your driver's license for one-year.

Also, even if you paid these DUI or DWI surcharges, their is a re-reinstatement fee that must be paid to the DMV in order to re-instate your driver's license.

And, if you get a ticket while your license is suspended, even if you did not know about it being suspended, this adds more surcharges to your driver's license for another three years, usually $360 per year, and this can also suspend your driver's license for up to another year, added onto the other time-frame of suspension.

You will need to contact the DMV surcharge Dept. and the DMV to speak to them about what you need to pay now, and as to what happened, and then contact a qualified DUI lawyer or DWI attorney who also handles surcharges, license suspensions, and occupational driver's licenses as this is a very complicated process and must be monitored, as many conditions need to be met.

Please note: If your license is suspended, again (as it was when you first got the DWI) your attorney will absolutely need to go to court soon, to get you an occupational driver's license, for if you get another ticket, this is just going to snowball and turn into a big mess, with your license being suspended for a longer period of time, and possibly indefinitely.

Goldstein & Scopellite, PC has qualified DUI attorneys, DWI lawyers and Occupational Driver's License attorneys available to represent you at either one of their law offices located in Dallas, Texas and Tucson, Arizona - Please visit their websites at www.LawyersDallas.com and www.Lawyers-Tucson.com for more information or to contact them. Thank you.

Read more
Answered on 11/23/14, 6:27 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Texas