The Bill for Driving While Impaired

Published for NC Criminal Law on January 16, 2014.

A DWI conviction will cost you. Let’s take the case of a typical defendant who has never before been charged with or convicted of DWI. I’ll call him Forrest Firsttimer. Forrest is arrested at a DWI checkpoint. He submits to a breath test, which reports an alcohol concentration of 0.08. Forrest is taken before a magistrate for an initial appearance. The magistrate revokes Forrest’s driver’s license for a minimum period of 30 days and releases Forrest on his written promise to appear. Eleven days later, Forrest applies for a limited driving privilege pursuant to G.S. 20-16.5(p). A district court judge issues the privilege. Forrest is required to pay a $100 processing fee to the clerk upon its issuance. That’s the first item on Forrest’s bill. 1. $100 processing fee for pre-trial limited driving privilege (G.S. 20-20.2) Then, at the end of the 30-day minimum revocation period, Forrest must pay $100 to end the civil license revocation. 2. $100 for return of license civilly revoked (G.S. 20-16.5(j)) Forrest hires an attorney to represent him in the impaired driving case. The attorney charges Forrest a flat fee of $1,000. 3. $1,000 in attorneys’ fees Forrest pleads guilty in district court. He is sentenced at Level 5, placed on 12 months of supervised probation, and is ordered to pay a $100 fine, to perform 24 hours of community service and to obtain a substance abuse assessment and complete the recommended education or treatment. Forrest now must add the following items to his mounting bill: [...]