dwi / lisence suspension
can a lisence be suspended after a dwi conviction in texas and a motorist be charged with surcharges if in fact chapter 521 & section 457 does not provide for any suspension of lisence issued under the authority of the state of texas ? also : if not , are current surcharges invalid ?
1 Answer from Attorneys
Re: dwi / lisence suspension
Short answer, yes. The legislature past the law on surcharges, september 1, 2003, the surcharges are administrative in nature and occur as soon as DPS receives notice that a person has recieved a DWI conviction even if the sentence is probated. The surcharges are valid, and for a first offense the surcharges are $1,000.00 per year for 3 years in order to keep your drivers license, if the individual blew on the intoxilyzer and the specimen of breath was twice the legal limit .16 or more the surcharge is $2000.00 per year for three years, and if the individual receives a subsequent conviction the surcharges are $1500.00 per year for three years. People have told me that if an indvidual enters into a payment plan with the contracting company with DPS to make month payments of the surcharges and the payment is late, the person's license will be suspended until the payments are brought up to date. These surcharges have increased so many people's licenses to be suspended that the Texas Legislature, passed a law that went into effect September 1, 2007, that person's caught driving while license invalid or suspended, is now a ticketable offense.
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