The Dallas Morning News reports a former State District Judge from Waco, David Hodges, told the Texas Driver Responsibility Program in Austin that the surcharges assessed after DWI convictions were clogging the Courts. You can read the article here.
Mr Hodges is echoing the opinion of many criminal defense practitioners who believe the punishments for DWI related offenses have become so harsh that it makes more sense to fight DWI charges than to simply give in and plead guilty. Although the article also focuses on where the money for the DWI surcharges are spent by the state, it is important to note the surcharges that accompany a DWI conviction. They are:
(1) $1,000 per year for 3 years following a DWI conviction;
(2) $1,500 per year for 3 years following a 2nd DWI conviction; and
(3) $2,000 per year for 3 years following a DWI conviction where the blood/ alcohol concentration was 0.16 or greater.
Jeremy F. Rosenthal, Esq.
(972) 562-7549
*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article should be considered legal advice. For specific legal advice about your own matters you should consult an attorney.
Quiz
Ignoring the above facts, and ASSUMING that 10% of all fatal accidents involve a driver with a BAC greater than 0.10 (drunk drivers), that 90% involve only drivers with a BAC < 0.10 (sober drivers), and that only 30% of all drivers IN GENERAL have a BAC greater than 0.10:
Which driver are you most likely to be killed by? A drunk driver or a sober driver?
By how much?
Per mile, which is the most dangerous driver?
By how much?
[…] of testing charges against you are enhanced even higher to a class A misdemeanor. Lump on the onerous surcharges someone has to pay upon a conviction, the fact that deferred adjudication (and therefore […]