Collateral Consequences: The DWI “Super Fine”
It is common knowledge that getting arrested for Driving While Intoxicated can be a very expensive proposition. It generally means that the defendant has to pay thousands of dollars in legal fees, thousands of dollars in fines, hundreds of dollars in court costs, and possibly the additional monetary costs of community supervision (probation,) which can quickly add up to thousands of dollars.
However, what many people do not realize is that as of September 1, 2019 every person finally convicted of an offense relating to the operating of a motor vehicle while intoxicated in Texas may be subject to an additional “traffic fine,” (a euphemism which, in the author’s opinion, tends to understate the financial magnitude of the penalty,) of up to $6,000. This is in addition to penal fines and costs already levied by the court. This provision of law may be found in §709.001 of the Texas Transportation Code.
There are, however, a few key provisions that an attorney should understand relating to this point of law. This “traffic fine,” as the legislature calls it, or the “DWI Super Fine,” as lawyers commonly refer to it, is only applicable to final convictions. (I.e. convictions which are not probated or on appeal.)
Also, it is only for convictions relating to the operating of a motor vehicle while intoxicated, as defined in §49.09 of the Texas Penal Code. That code section states: “"Offense relating to the operating of a motor vehicle while intoxicated" means:(A) an offense under Section 49.04 or 49.045;(B) an offense under Section 49.07 or 49.08, if the vehicle operated was a motor vehicle; [the historical antecedents of those statutes]; . . . or (F) an offense under the laws of another state that prohibit the operation of a motor vehicle while intoxicated.”
A skilled and experienced attorney will know that not all intoxication-related offenses are subject to this fine. (Flying an aircraft, boating, or assembling an amusement ride while intoxicated, for example, are not subject to the DWI Super Fine.) A skilled attorney will be able to determine whether the appropriate DWI Super Fine, if applicable, is $3,000, $4,500, or $6,000. A skilled attorney will also know that there are legal provisions for a court to waive the fine for reasons of indigence.
If you have questions or concerns about this subject, you are urged to contact a skilled, experienced attorney such as The Law Office of James Perl PLLC. The information contained on this site is legal information only, and not legal advice. It was checked for accuracy at the time of posting, however the law is subject to change, and it should not be relied on to make legal decisions. No attorney-client relationship has been formed by accessing or reading this blog post. Only a signed contract with The Law Office of James Perl PLLC creates an attorney-client relationship with The Law Office of James Perl PLLC.
