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What is a DWI Traffic fine and how can I avoid paying it?

Added by House Bill 2048 in 2019, there is a new mandatory fine imposed for Driving While Intoxicated Convictions.


They are commonly referred to as a state traffic fine and range from $3,000 - $6,000 per offense. The law uses a timetable of 36 months (3 years) and lists the fines as follows.


First Driving While Intoxicated conviction within a 36 month period - $3,000

Second or greater conviction within a 36 month period - $4,500

Any conviction with an alcohol test greater than 0.15 at the time the analysis was performed - $6,000


The regular punishment range for Driving While Intoxicated first offense includes 0-180 days in jail and a fine of $0-$2000. Prosecutors typically do not seek the full $2,000. But the state traffic fine is mandatory and starts out at $1000 greater than the highest fine previously available.


So how do you get out of paying it? One way is to prove that you are indigent. This means proving to the court that you are unable to afford payment of the fine. The statute itself contemplates this and lays out possible means of proof. But the most likely method is by a competent lawyer asking you questions under oath in front of the trial judge while you are entering a plea of guilty. The statutory methods of proof are as follows:


(1) a copy of the person's most recent federal income tax return that shows that the person's income or the person's household income does not exceed 125 percent of the applicable income level established by the federal poverty guidelines; (2) a copy of the person's most recent statement of wages that shows that the person's income or the person's household income does not exceed 125 percent of the applicable income level established by the federal poverty guidelines; or (3) documentation from a federal agency, state agency, or school district that indicates that the person or, if the person is a dependent as defined by Section 152, Internal Revenue Code of 1986, the taxpayer claiming the person as a dependent, receives assistance from: (A) the food stamp program or the financial assistance program established under Chapter 31, Human Resources Code; (B) the federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786; (C) the medical assistance program under Chapter 32, Human Resources Code; (D) the child health plan program under Chapter 62, Health and Safety Code; or (E) the national free or reduced-price lunch program established under 42 U.S.C. Section 1751 et seq.


The poverty guidelines are available at https://aspe.hhs.gov/poverty-guidelines



The best way to avoid these fines is to avoid a conviction in the first place. A conviction for driving while intoxicated can be avoided by completing a pretrial diversion, completing deferred adjudication, or obtaining a dismissal from the District Attorney based on legal argument and representation.


If you're worried about the costs of a DWI you should invest in an experienced defense attorney to help you navigate the confusing and imposing legal system. Call


936-596-0407 and claim your free consultation today.


BORING LEGAL DISCLAIMER

For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation.

For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney.

For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.



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