Sec. 709.001. TRAFFIC FINE FOR CONVICTION OF CERTAIN INTOXICATED DRIVER OFFENSES. (a) In this section, "offense relating to the operating of a motor vehicle while intoxicated" has the meaning assigned by Section 49.09, Penal Code.
(b) Except as provided by Subsection (c), in addition to the fine prescribed for the specific offense, a person who has been finally convicted of an offense relating to the operating of a motor vehicle while intoxicated shall pay a fine of:
(1) $3,000 for the first conviction within a 36-month period;
(2) $4,500 for a second or subsequent conviction within a 36-month period; and
(3) $6,000 for a first or subsequent conviction if it is shown on the trial of the offense that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed.
(c) If the court having jurisdiction over an offense that is the basis for a fine imposed under this section makes a finding that the person is indigent, the court shall waive all fines and costs imposed on the person under this section.
(d) A person must provide information to the court in which the person is convicted of the offense that is the basis for the fine to establish that the person is indigent. The following documentation may be used as proof:
(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.
Added by Acts 2019, 86th Leg., R.S., Ch. 1094 (H.B. 2048), Sec. 14, eff. September 1, 2019.
Notes of Decisions
Lloyd Adam Toler v. State of Texas, No. 06-22-00154-CR (Tex. App.—Texarkana June 16, 2023).
· cites it 2× “” TEX TRANSP. CODE ANN. § 709.001(b). Subsection (c) provides that, if the trial court “makes a finding that the person is indigent, the court shall waive all fines and costs imposed on the person under [that] section.”
Michael Alonzo Rodriguez v. State of Texas, No. 04-22-00047-CR (Tex. App.—San Antonio Sept. 6, 2022).
“” TEX. TRANSP. CODE ANN. § 709.001(b)(3) at 806 (alterations and internal quotation marks omitted) (quoting Dears v.”
Javier Martinez Garcia v. State of Texas, No. 06-23-00026-CR (Tex. App.—Texarkana July 18, 2023).
“TEX. TRANSP. CODE ANN. § 709.001. 2 further complained that the fine did not apply to him because he had not been finally convicted.”
Alfredo Martinez v. State of Texas, No. 06-23-00041-CR (Tex. App.—Texarkana July 18, 2023).
“TEX. TRANSP. CODE ANN. § 709.001. 2 further complained that the fine did not apply to him because he had not been finally convicted.”
Terrance Odel Cruder, Jr. v. State of Texas, No. 03-24-00328-CR (Tex. App.—Austin June 5, 2025).
“When presenting this issue, Cruder argues that the trial court determined multiple times that he was indigent and acted consistently with those determinations by appointing him an attorney for trial, waiving the traffic fine at trial after concluding that Cruder’s financial…”
Travis Clark Gilbert v. State of Texas, No. 13-24-00530-CR (Tex. App.—Corpus Christi–Edinburg Aug. 14, 2025).
“See TEX. TRANSP. CODE ANN. § 709.001(b)(1) (providing a person convicted of DWI must pay a fine of “$3,000 for the first conviction within a 36-month period”).”
Keenan Deandre Black v. State of Texas, No. 02-25-00222-CR (Tex. App.—Fort Worth Feb. 5, 2026).
“2 See Tex. Transp. Code Ann. § 709.001 (b)(3) (stating that a person who has been convicted of DWI shall pay a fine of $6,000 for a first or subsequent conviction if it is shown at trial that his or her blood, breath, or urine showed an alcohol concentration level of 0.”
William Joseph Huber v. State of Texas, No. 02-25-00124-CR (Tex. App.—Fort Worth Apr. 30, 2026).
“See Tex. Transp. Code Ann. § 709.001 (b)(3). Although this fine was not orally pronounced at the punishment hearing, the trial court conducted a hearing three days later, where it announced the fine and then immediately waived the fine due to Huber’s indigence.”
Jalen Trivelle Neal v. State of Texas, No. 07-26-00121-CR (Tex. App.—Amarillo June 2, 2026).
“TEX. TRANSP. CODE § 709.001(b)(3). However, when the trial court with 2 jurisdiction over the offense makes a finding the person is indigent, the court “shall waive all fines and costs imposed” under the statute.”
Tex. Transp. Code § 709.001(b): 3 cases
Lloyd Adam Toler v. State of Texas, No. 06-22-00154-CR (Tex. App.—Texarkana June 16, 2023).
“” TEX TRANSP. CODE ANN. § 709.001(b). Subsection (c) provides that, if the trial court “makes a finding that the person is indigent, the court shall waive all fines and costs imposed on the person under [that] section.”
Tex. Transp. Code § 709.001(b)(1): 1 case
Travis Clark Gilbert v. State of Texas, No. 13-24-00530-CR (Tex. App.—Corpus Christi–Edinburg Aug. 14, 2025).
“See TEX. TRANSP. CODE ANN. § 709.001(b)(1) (providing a person convicted of DWI must pay a fine of “$3,000 for the first conviction within a 36-month period”).”
Tex. Transp. Code § 709.001(b)(3): 2 cases
Michael Alonzo Rodriguez v. State of Texas, No. 04-22-00047-CR (Tex. App.—San Antonio Sept. 6, 2022).
“” TEX. TRANSP. CODE ANN. § 709.001(b)(3) at 806 (alterations and internal quotation marks omitted) (quoting Dears v.”
Jalen Trivelle Neal v. State of Texas, No. 07-26-00121-CR (Tex. App.—Amarillo June 2, 2026).
“TEX. TRANSP. CODE § 709.001(b)(3). However, when the trial court with 2 jurisdiction over the offense makes a finding the person is indigent, the court “shall waive all fines and costs imposed” under the statute.”
Tex. Transp. Code § 709.001(c): 1 case
Lloyd Adam Toler v. State of Texas, No. 06-22-00154-CR (Tex. App.—Texarkana June 16, 2023).
“” TEX TRANSP. CODE ANN. § 709.001(b). Subsection (c) provides that, if the trial court “makes a finding that the person is indigent, the court shall waive all fines and costs imposed on the person under [that] section.”
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