Many people are surprised to learn that drivers who commit certain offenses or have their licenses suspended are charged additional fees in addition to any fines or punishment. These fees are called surcharges and generally range from $1,000 per year.

It took a while for the legislature to recognize what everyone told them at the beginning—a lot of people can't afford the surcharges. They can't keep their licenses if they can't pay the surcharge. Many have to drive to make a living and will do it whether they have a license or not. The result is that you have many unlicensed—and uninsured—drivers running around.

The legislature has finally recognized that there needs to be a way to provide some relief for people who simply cannot pay the surcharges. They authorized the creation of an amnesty program and an indigency program. The amnesty program was aimed at individuals who defaulted on payment of their surcharges. DPS was authorized to reduce the surcharges to 10% of the total amount in default, not to exceed $250.00. You can also get your license back while you are making payments.

What if a surcharge is imposed, and you can't afford to pay it? Our Waco suspended license lawyer notes that the Indigency Program allows the amount to be reduced to 10% of the amount due, not to exceed $250. You are eligible if you are at or below 125% of the federal poverty level. Those amounts can be found here. This is the table for 2018 according to the US Department of Health and Human Services:

2018 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES
AND THE DISTRICT OF COLUMBIA
Persons in family/household Poverty guideline
For families/households with more than eight persons, add $4,320 for each additional person.
1 $12,140
2 16,460
3 20,780
4 25,100
5 29,420
6 33,740
7 38,060
8 42,380
 

You apply for the Indigency Program by filing a sworn affidavit. The application form is available at https://www.txsurchargeonline.com/Indigence.aspx. Simply download the form, sign it before a notary public, and send it in along with the supporting documents. According to DPS, decisions are usually made within 14 days.

If you qualify, make sure you take advantage of this program. Instead of paying $1000, you can get by with only $100.00. That's too good to pass up.

Walter Reaves
Connect with me
Criminal Defense Attorney Walter Reaves has been practicing law for over 35 years.