Twenty-two years ago, when I started practicing law in New Hampshire, there was an advertisement aimed at preventing DWIs that featured a picture of a frosty mug of beer and the tag line:? “The $5,000 Beer.”? The point of the advertisement was that the fine, court costs, attorneys’ fees and insurance premiums would reach that amount for the average driver convicted of a simple DWI.
Times have changed.? For a simple, first offense DWI–with no accident, property damage, personal injuries, or aggravating facts, the true cost to the driver has been estimated by various groups and organizations to be somewhere between $10,000 and?$20,000:
- ?CNBC
$20,000 - Alcohol Problems and Solutions $20,000
- MADD of Orange County, CA About $11,000
- Illinois Secretary of State $14,660 (assumes jail and lost income, but?low legal fees due an “uncontested plea”)
- Erie County, NY $9,500
- Texas Department Of Transportation:? $9,000 - $24,000
??? All of these estimates include some assumptions that I don’t agree with and?some costs that don’t exist in?New Hampshire.? More important, the true cost will vary significantly from individual to individual.?
?? More after the break.??
?If you lose a good job or a professional license (CDL, pilot, school bus driver, etc.) due to a DWI then the true?cost?to you will be high indeed.? Anyway,?here’s?what you’re looking at in New Hampshire for a simple, first offense case with no aggravating facts, no accident, and no injuries:
- Bail?Commissioner’s fee:? $30.
- Bail Bondsman’s ?fee if cash bail is set and posted by surety bond:? About 10% of the cash bail.
- Fine & Penalty Assessment:? $600 to $1,440 (typically, fines tend to be at or near the minimum of this range).
- Impaired Driver Intervention Program:? $460 (IDIP) or $585 (Weekend IDIP).
- License Reinstatement Fee:? $100.
- Laboratory analysis of the second sample of preserved breath (if there was a test):? $120.
- ALS hearing audio CD (if there is a hearing and you want the testimony transcribed):? $25.
- ALS hearing transcript (if there is a hearing and you want a transcript for the DWI trial):? About $200.
- Increased insurance premiums:? Typically several thousand dollars, but the precise cost?varies by carrier, amount of?coverage, driver’s age, driving history and other underwriting factors.
- Attorney’s Fees for DWI and ALS proceedings:?? A good attorney will?meet?with you long enough to conduct an in depth interview, review the police?reports, demand any necessary additional discovery, interview witnesses, visit the scene, research and litigate legal motions, and determine how to challenge the state’s evidence.? The attorney may be required to appear at the Department of Safety for an ALS hearing and in District Court on one, two or more separate occasions.? Unless the attorney has other cases in the same court that day, each appearance, including travel and waiting in court, typically takes up about half of an attorney’s day (although, of course, some appearances take substantially less time and some hearings last for a day or more).? I don’t pretend to know what every attorney in the state charges for DWI cases, but I do know that the cost will vary dramatically with
- ?(a) the nature of the case?(i.e., Will there be a need to?locate and interview witnesses?? To file?suppression motions?? To?challenge the Intoxilyzer? To?put together a?defense based on the driver’s medical history?? To retain?an expert toxicologist, or?forensic breath analyst, or field sobriety test expert, or medical expert?);
- (b) the quality and experience of the attorney (How many DWI cases has he or she handled??If there was a breath test, how knowledgeable is the attorney about Intoxilyzer and BrAC issues?? If there is a blood test,?is the attorney familiar with the legal and factual issues surrounding forensic blood alcohol testing?? Is the attorney a member of the National College for DUI Defense?? If the case is heading for trial, is the attorney skilled at trial advocacy?? Is the attorney familiar with? search and seizure, interrogation, and arrest issues that arise in DWI cases?);
- (c) the distance of the court from the attorney’s office; and
- (d) the attorney’s billing practices.
- Expert fees (if you and your attorney decide to retain an expert witness for your case);
- Possible lost income, due to court appearances and possibly due to the loss of a job if a driver’s license is required for your work.
?I realize that I did not include any figures for?the larger expenses, which are measured in thousands of dollars, e.g.? iinsurance costs,?legal fees, possible expert fees?and lost income.? However, these vary so widely from one individual to the next that it would make little sense to put down any specific number.?
The true cost of an Aggravated DWI or a DWI, Subsequent Offense is much higher due to mandatory jail time, mandatory residential treatment?at the driver’s cost in a state facility that?is not?covered by medical insurance,??prolonged license revocation, ignition interlock costs and the potential for a jury trial following an initial bench trial.
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