DWI is ordinarily a misdemeanor criminal case, with certain notable exceptions.
For example, driving under the influence of an impairing substance can be what defense attorneys refer to as a "predicate crime" for other, more serious felony charges such as Felony Serious Injury by Vehicle, Felony Death by Vehicle, Involuntary Manslaughter, and even Second-Degree Murder.
In this website page, we will address the potential financial repercussions and why we think it is imperative to establish an attorney-client relationship without delay.
Are DUI Cases Different? In North Carolina, DWI charges have special rules regarding sentencing, the method of proving the case often has a scientific element to it, and the Judge has wide discretion in imposing a substantial amount of costs and penalties.
We think it is an understatement to say a DWI conviction is serious.
Getting arrested and charged with DWI in North Carolina often carries long-term, sometimes life-changing consequences.
As you likely understand, there is a social stigma associated with impaired driving. No one likes "drunk drivers" and "drunk driving."
DWI charges can affect your livelihood, as well as your relationships with friends and family.
Given the potential severity of a DWI conviction, which can include loss of your driver's license, probation, community service, fines, fees, and costs, together with the possibility of an active jail sentence in certain circumstances, we think it makes sense to have someone standing by your side in court who has substantial experience handling DWI charges in North Carolina
If you have questions about the individual aspects of your case, we encourage you to call our law firm today to schedule a complimentary legal consultation.
We are here to help. That's why our telephone number is 704-342-HELP
Our DWI defense lawyers help people in several different judicial districts, including but not limited to Charlotte and Mecklenburg County, Monroe NC in Union County, Iredell County, Lincolnton, Rowan, and Gaston County.
"I have traveled extensively throughout North Carolina, handling DWI charges for clients. We will travel for certain legal matters, depending on the nature and circumstances of the offense."
- Bill Powers, DWI Lawyer
We limit the number of cases we undertake for legal representation. That necessarily includes declining to serve as legal counsel when appropriate.
When and if we are able to provide the name of another attorney we know to help someone, we are more than willing to do so as a courtesy.
To be clear, Powers Law Firm is NOT a lawyer referral service.
We charge nothing for referrals. We also do not accept referral fees.
Bill Powers has been handling DWI cases since 1992 and is a former president of the North Carolina Advocates for Justice. Bill is also a founding member of the Center for Legal Education and Advocacy.
Bill knows a lot of lawyers throughout North Carolina and, when able, he does not mind referring people to other attorneys in the state who may be able to provide assistance.
When Do I Have to Pay Court Costs? Rule number one, you don’t pay any money to the Court if the case is dismissed or there is a verdict of not guilty. Only a DWI conviction results in fines, costs, and court fees.
However, a Defendant (the person accused of DWI) should not rest on their laurels and rely on being found not guilty at trial.
In the most recent statistical report for Driving While Impaired Convictions for the calendar year 2021[j1] , eighty-nine percent (89%) of DWI convictions were disposed of by guilty plea, eleven percent (11%) by bench trial, and less than one percent (1%) by jury trial.
Based on those numbers, it is clear that most convictions, statewide, are resolved by plea and that most Defendants will be ordered to pay some combination of costs and fines.
To be clear, there may defenses available to DWI charges in North Carolina, and where you have been charged with impaired driving can make a tremendous difference.
The stated metrics are listed on a statewide basis and are, to be fair, somewhat skewed, likely due to COVID-19. Unlike many other judicial districts in the state, obtaining court dates in Mecklenburg County during the pandemic was problematic at best.
Making the point, for the calendar year 2021, Wake County (Raleigh NC) led the state with 1,415 DWI convictions. District 9B and 9 (Warren County, Vance County, Person County, Granville County, and Franklin County) had 1,143 DWI convictions during that same time period.
Mecklenburg County had the lowest number of DWI convictions in the state, with 154 in 2021.
In the 30+ Judicial Districts in NC, accounting for all 100 counties in North Carolina, Mecklenburg County had the lowest DWI conviction numbers.
To be clear, Mecklenburg County is one of the largest jurisdictions in North Carolina.
The next lowest DWI conviction number in North Carolina, again for the reported 2021 calendar year, is Judicial District 20A, which represents Stanly County and Montgomery County, with 191 convictions.
So how much will your case cost?
"If you are not convicted of DWI, whether by a trial or guilty plea, you do not pay court costs or fines. You do not pay community service fees or probation supervision fees."
- Bill Powers, DWI Attorney
Every case is different, and the facts will drive what costs and fines a Defendant will pay if they are convicted.
Common Pre-Trial Costs Associated with DWI Charges in NC 1. How Much is Bond for a DWI? The bond portion of your case could be a non-issue if a defendant has little to no criminal record and the factual basis for the arrest does not indicate the existence of any aggravating factors.
Under these circumstances, an unsecured bond might be appropriate.
An unsecured bond is a type of condition for release where the Defendant does not have to post bail pay any money to get out of jail.
However, in the event there is a lengthy criminal record, a driving history indicating prior convictions for DWI (especially those occurring within 7 years of the current date of offense), or a factual basis that likely supports the existence of aggravating or grossly-aggravating factors, the court (or Magistrate) could choose to impose a secured bond requiring the Defendant to post some or all of the bond amount in order to get out of the custody of the county jail.
2. How Much are Attorney's Fees? At your first appearance, the Court will inquire as to whether a Defendant will be retaining private counsel or whether they will make an application for a court-appointed attorney.
Should the Defendant apply for court-appointed counsel, the court will determine the Defendant’s financial standing and determine whether that individual qualifies.
Ordinarily, the court considers something called an Affidavit of Indigency.
If a Defendant is denied court-appointed counsel or chooses to waive that right, they can either represent themselves or hire private counsel.
We believe you put yourself at a tremendous disadvantage by representing themselves in court and proceeding pro se.
We recommend retaining legal counsel (hiring a lawyer) if that is financially possible. To be fair, hiring an experienced DWI lawyer in Charlotte is not inexpensive.
That cost can run a few thousand dollars and could escalate depending on whether other collateral charges are attached to the driving while impaired, whether the case goes to trial in Superior Court (jury trial), or there are other aspects of the case that make it more time intensive.
"Here is the key to our legal fees for a DWI charge: It costs nothing to call us, ask some questions, and see if we can work something out financially."
- Bill Powers, NC DWI Defense Lawyer
No one plans on getting arrested for DUI. We get that.
We do what we can to help people afford our legal services. We regularly establish payment plans, when possible, understanding the more time we have to do that, the better.
We also put everything in writing for you. There are no hidden fees.
We are straightforward, we don't hide the true costs of legal representation, and we are transparent about the factors we take into consideration in establishing the attorney-client relationship.
We try very hard to make our legal services both available and affordable to everyone who wants to use our services.
3. Will It Help if I Get a Substance Abuse Assement or Start Treatment? Most people charged with DWI will want to obtain a substance abuse assessment prior to the conclusion of their case.
A substance abuse assessment in North Carolina costs $100.00. There may be additional fees and assessment cost associated with obtaining a copy of the NCDMV Driver History / Record Abstract.
If you are licensed in North Carolina, you may obtain a digital copy of the NC Driving Record here.
If there is a DWI conviction, the Court will order that the Defendant complete a substance abuse assessment and follow up with the recommended treatment plan, if that has not already been completed.
Obtaining a substance abuse assessment offers several benefits:
- It is a statutorily recognized mitigating factor at sentencing, thereby potentially reducing the severity of the penalty after a conviction
- Obtaining an assessment (alcohol assessment/substance abuse assessment) is a prerequisite for obtaining both a pretrial limited driving privilege and a post-conviction limited driving privilege if your driver's license has been suspended or revoked
- The person accused of DWI is given the opportunity to consider whether they may have an issue with alcohol or drugs or other controlled substances and do something about it
Recommended treatment may range from completion of ADETS or Alcohol Drug Education Traffic School to Outpatient to Inpatient Treatment.
Proof of completion of the terms and conditions of the recommended treatment must be forwarded to the North Carolina Department of Transportation, Division of Motor Vehicles (NCDMV).
How Much Does It Cost if I am Convicted of DWI in North Carolina? 1. Court Costs - Costs of Court The most common monetary obligation that the Court can impose is the General Court of Justice Fee.
Trial Division of the North Carolina Court System - Uniform Fees
This fee has fluctuated over the years and has recently been changed to $154.50. There may be other costs and fees imposed that are entitled "costs of court."
"Costs of Court are notoriously complicated. Presently, when you add everything up, they're almost $200 and that does not include certain other types of fees and fines that apply only to DWI charges in North Carolina."
- Bill Powers
2. Ignition Interlock Pursuant to G.S. 20-17.8, in order to drive, a Defendant must have an ignition interlock installed in their vehicle after:
- the person had an alcohol concentration of .15 or higher
- the person has been convicted of another DWI, which occurred within seven years immediately preceding the date of the offense for which the person’s license has been revoked OR
- after the Defendant is sentenced as an aggravated level 1 offender.
There are three companies in NC that are authorized to install and monitor an ignition interlock device or "IID."
They commonly charge an installation fee as well as a monthly maintenance fee. Ignition interlocks are not inexpensive.
3. Community Service Fee Another common term or condition of probation for an Impaired Driving offense is that the Defendant complete a certain amount of community service.
The statute gives the Defendant the ability to either complete an amount of time in jail or complete community service. That is left at the discretion of the Court (the Judge who imposes the punishment).
Pursuant to 143B-708, the Defendant may be ordered to reimburse the community service fee. This fee is $250.00 pursuant to the statute.
4. Supervised Probation Supervision Fees If sentenced to a term of supervised probation, the probationer is responsible for paying $40.00 per month unless waived by the court pursuant to G.S. § 15A-1343(c1).
The Court may waive the fee only after a motion by the probationer and the probationer has shown good cause.
5. Reimburse to the State for Blood Testing When law enforcement draws blood from a Defendant, they then send the specimen to an authorized lab for analysis.
There, the analysts examine the blood of the Defendant and produce a report stating their findings and conclusions as to the presence of impairing substances.
You may be required to pay the $600.00 laboratory fee.
If the State is required to call a lab analyst to trial, there is another $600 fee assessed.
6. Lab Analyst Fee for Trial In cases involving a blood test, the prosecutor will often subpoena the expert who examined the blood to introduce the results of the blood test.
Should the defendant be convicted for DWI when a state crime laboratory expert testifies at the trial, the Defendant shall be assessed another fee of $600.00.
7. Fines Fines are in the discretion of the court.
For DWI convictions, the maximum a court may impose is a ten thousand dollar fine, but may only do so for an aggravated level one.
For the least severe category of DWI, the level five DWI, the court may not impose a fine of more than $200.00.
From the perspective of the attorney, fines are difficult to predict and judge’s often consider the facts, previous record, other costs imposed, Defendant’s ability to pay, and whether the Court is opting to impose an active sentence (jail time).
8. Limited Driving Privilege Not all Defendants who are charged with a DWI are eligible to receive a limited driving privilege and/or a pretrial limited driving privilege.
However, given the right circumstances, Defendants may find themselves eligible for a privilege prior to the conclusion of the case or even after conviction.
Listen to Law Talk with Bill Powers PODCAST: Can I get a Limited Privilege.
Limited driving privileges are not free. The Filing Fee for a Pretrial Limited Driving privilege is $100.00. The Filing Fee for a post-conviction Limited Driving Privilege is also $100.
The Civil Restoration Fee to obtain your driver's license after a DWI charge is also $100. Those fees and costs are in addition to those imposed by NCDMV.
9. Car Insurance - Insurance Premiums - Policy Termination In addition to possible suspension of your driver's license, your insurance carrier may raise your rates. In fact, a conviction may authorize the carrier to limit the level and type of coverage, placing you in the "reinsurance facility."
Under the Safe Driver Incentive Plan, 12 insurance points may be assessed for a DWI conviction, authorizing a 340% increase in your motor vehicle insurance premium.
That's for a first DWI offense. A driving history with more than one offense / DWI conviction is problematic at best.
That's on top of any driver's license fees and restoration costs assessed by NCDMV and court fees, fine, civil revocation fee, alcohol assessment, drug and alcohol classes, etc.
How Much Does a DUI Cost in North Carolina? The simple answer is, "A lot."
It doesn’t take much to realize that these costs can add up and that a conviction not only comes with the possibility of a harsh punishment and suspension of license, but a hefty bill to the State of North Carolina.
A DWI offense can result in lost future opportunities with your employment.
Every case is different, and the cost of every case can differ just as much as the facts. If you have been charged with DWI and are seeking representation or a discussion as to how the costs and fines can impact you, give the Powers Law Firm a call and speak with one of our attorneys.
The above list and discussion of court costs and fines is not an exhaustive list of all monetary obligations that the Court can impose when a Defendant is charged with DWI.
Is DWI the Same Thing as Drunk Driving? People often use the term DWI, thinking it stands for "driving while impaired" or “driving while intoxicated.”
It is a commonly used term to describe the crime of operating a motor vehicle while under the influence of alcohol or drugs. People also use the term interchangeably with DUI or "driving under the influence."
The North Carolina DWI law in N.C.G.S. 20-138.1 refers to the offense as Impaired Driving. There is no reference to DWI or DUI or Drunk Driving.
To be clear, you do not need to be "drunk" or "drunken driving," to be charged and convicted of impaired driving.
If you have questions about the criminal charge of impaired driving, please call now and speak with an experienced DWI attorney. Call now: 704-342-4357
In most states, including North Carolina, DWI is a serious offense that can result in significant penalties. If you are convicted of DWI in North Carolina, you could be facing jail time, fines, and other consequences.
The cost of a DWI can vary depending on the circumstances of your case.
The severity of the offense, your prior driving record, and whether anyone was injured as a result of your drunk driving will all play a role in determining the cost of your DWI.
In addition to any direct costs associated with your conviction, such as fines or jail time, a DWI can also lead to indirect costs, such as an increase in your car insurance rates.
A DWI can also have a lasting impact on your life, making it difficult to find employment or housing.
If you are facing charges of DWI in North Carolina, it is important to understand the potential consequences and to seek experienced legal help as soon as possible.
The Powers Law Firm has extensive experience representing clients charged with DWI in North Carolina.
To learn more about how we can help you, call us today at 704-342-HELP for a free consultation.
Helpful Information - DWI Charges in North Carolina - How to Beat a DUI-DWI: Top 9 Ways for Beating a NC DWI
- What Happens to Your License After a DWI Arrest
- What is a Civil Revocation?
- Is DUI a Felony in North Carolina?
- Sentencing Under the North Carolina DWI Laws
- What's the Difference Between DUI and DWI?
- First Offense DUI Penalties: DWI in North Carolina
Helpful Information About Criminal Charges