How Much are Fines for a DWI Conviction?
For DWI defendants, after criminal court, the next stop could be bankruptcy court.
Collectively, direct and indirect DWI fines usually exceed $30,000. The direct costs of a DWI, including court fines and costs, make up some of that number. Collateral financial costs, mostly higher auto insurance rates, are responsible for most of this cost.
Usually, these high costs are spread out over the period of probation in a DWI case, which is usually less than a year in a first DWI case.
A Ft. Worth criminal defense lawyer works hard to reduce these costs, mostly by developing defenses that can be leveraged in court or during pretrial settlement negotiations. Procedural, substantive, and/or affirmative defenses are usually available in these matters.
Statutory Fines
Although most courts allow defendants to pay fines over time, as mentioned above, an increasing number of judges require defendants to pay fines and court costs upfront. By law, DWI fines are a maximum:
- $2,000 for a first conviction,
- $4,000 for a second conviction, and
- $10,000 (or more) for a third (or subsequent) conviction.
Unlike most other states, Texas does not have a DWI lookback period. Prosecutors can use any prior DWI conviction, even if it’s decades old, to enhance charges in these cases.
Court Costs and Administrative Fees
Note that fine amounts are maximum amounts. A Ft. Worth criminal defense lawyer can often get the fine reduced, especially if a defense may apply, as mentioned above. Court costs and administrative fees, however, are set by law. Common costs and fees include:
- Standard court costs,
- Jury trial fee,
- Attorneys’ fees (for court-appointed lawyers or public defenders),
- Vehicle towing, impound, and storage fees,
- Driver’s license reinstatement fee,
- Administrative License Revocation (ALR) filing fees,
- Probation supervision fees,
- Ignition Interlock Device fees (installation, monitoring, maintenance, and removal), and
- Alcohol education or intervention program fees.
These fees vary significantly in different jurisdictions. For example, in different North Texas counties, standard court costs vary between about $300 and over $1,000.
Driver’s License Surcharge
Until 2019, the state charged a flat $1,000-per-year DUI surcharge. Many advocates celebrated when the state dropped DWI surcharges, which, according to these advocates, disproportionately affected lower-income individuals.
Alas, these celebrations may have been premature. The DWI surcharge is gone, but the DWI “superfine” took its place. This fine is:
- 1st Offense DWI: $3,000
- Subsequent DWI: $4,500
- High BAC (0.15 or higher): $6,000
Technically, the superfine is optional. However, if defendants do not pay the superfine, their driver’s licenses remain suspended, even if the suspension period expires and they comply with all other reinstatement requirements, including paying the reinstatement fee mentioned above.
SR-22 Auto Insurance
Higher auto insurance is the big one. In many cases, premiums for this high-risk policy are three times as high as standard auto insurance. If the defendant is under 25, SR-22 insurance costs a mind-boggling amount of money.
Subsequent conviction SR-22 insurance is usually even higher, mostly because of supply and demand. Many auto insurance companies don’t insure drivers with more than one DWI conviction on their records.
The hits keep coming. Usually, defendants must maintain SR-22 insurance for at least three years post conviction. Afterwards, they may shop around for lower rates. But due to their bad driving records, substantially lower rates may not be available.
All these expensive fines underscore the need for a Ft. Worth criminal defense lawyer to strongly advocate for DWI defendants in court.
Count on a Diligent Tarrant County Attorney
DWI convictions are expensive. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. Convenient payment plans are available.