Our office has been getting a lot of questions from DWI clients concerning the new amnesty program for driver's license surcharges that DPS began this week. Many of our clients have read an article about the program in the newspaper, or seen a clip about it on TV, and are under the mistaken impression that driver's license surcharges are now a thing of the past. Not so.
The old driver's license surcharges are still in effect. The surcharge for a first offense DWI, with a breath test under .16 is still $1000 a year for three years; for a subsequent DWI, $1500 a year; and for a DWI with a breath test of .16 or above, $2000 a year.
What has changed is that, if you were assessed a surcharge before 2009, and you are delinquent, you can apply for forgiveness, get a reduction of the amount you owe, and possible get your license reinstated. In April, the DPS is supposed to unveil a program which will allow for surcharge reductions for those making less than 125% of the federal poverty level. In addition, if you can't qualify for amnesty, you can now qualify for an occupational driver's license, at least according to the Court of Appeals in Fort Worth.
In the past, the DPS has routinely denied requests for occupational licenses for those who are delinquent on surcharges. The Forth Worth Court of Appeals recently said that no such restriction is allowed in the statute governing occupational licenses. So, even if you can't pay your surcharges, you still may be able to drive to work on an occupational DL.