Paying the Price: Here’s Your Guide to the Cost of a DWI

If you ever get charged with a DWI or DUI, there are certain costs that are associated with your charges, both metaphorically and literally. 

In premise, the cost of a DWI can range from a fine, jail time, license suspension, so on and so forth.

In this article, we will cover this topic in greater depth, so that you know what to expect if you ever get charged with a DWI.

If that’s something you want to know more about, scroll down and keep reading.

What Is A DWI?

Many states refer to it as Driving While Intoxicated, whereas others refer to it as Driving Under the Influence. Even more oddly, some states called it Operating Under the Influence.

For the purpose of this article, we will refer to it as a DWI. This criminal offense includes driving while having a BAC (blood alcohol content) of .08 or more regardless of impairment, or driving under the influence of any amount of alcohol to the extent of mental and physical impairment.

The offense is often referred to as drunk driving, but that is not an official term and is a misnomer. This is because you don’t have to be drunk in order to get convicted with a DWI.

Laws Of Impairment

State laws prohibit any type of driving while intoxicated by drugs. But how it’s determined will vary state by state. For instance, a DWI conviction might require proof that the driver was rendered incapable of safety.

In other states, the prosecution just needs to present that the substance was ingested in some way. Other states have specific offenses that carry specific penalties depending on the level of impairment.

Another problem with laws of impairment is the attempt to connect intoxication to the use of narcotics. In general, state laws are quite inclusive for the types of drugs that lead to a DWI conviction. Some statutes come with comprehensive lists of substances, while others make use of umbrella-terms, such as any intoxicating substance.

Nonetheless, a prosecutor can get into trouble in the case of a drug test not being present. Unlike alcohol, drugs don’t really have an identifiable odor, exceptions exist. And it’s tricky to determine whether strange behavior is caused by mental illness or drug use. Driving with mental illness poses its own concerns, but it does not condone a conviction of DWI.

Administrative Per Se

Many states have administrative per se laws that prevent driving with a BAC of .08 or greater. For a violation to be incurred, the DMV will temporarily suspend a driver’s license. 

Administrative suspensions are automatically triggered by arrests that show a BAC level above the legal limit. This kind of suspension can occur even if a driver has never been convicted prior.

Nonetheless, administrative per se laws only apply to alcohol. Thus, a driver who was charged with a DWI for drug use will not experience this type of penalty.

Criminal Per Se

Each state penalizes DWI convictions in their own way. However, alcohol and drug DWIs often receive the same treatment. 

For a first offense, a defendant might be paying fines up to $2000, and/or a year in jail. However, that’s a very rare case scenario. For more on fines and penalties, keep reading.

Restricted Licenses

In the case of a suspended license, an individual can apply for a restricted license. These come with specific conditions that outline the limitations of privileges.

A restricted license is usually issued for driving between places like school, work, treatment programs, medical treatments. Most states allow the parents with restricted licenses to locate their children to and from school, as well as any necessary appointments they might have.

Some states place time limitations on these licenses. For example, a driver might be allowed to drive during the day, but not during the night.

General Cost Of A DWI Review

When it comes to the total cost of a first-offense DWI, there are many. To get a better sense of the breakdown, we have gathered the most relevant information on the specifics. Here’s how it looks like.

Lawyer Fees

On average, a DWI lawyer will cost about $2000 in expenses and feeds. This average covers the case of hire from a public defender, not a privately-hired lawyer.

Court Fines

On average, the court fines and fees come out to about $1000. Of course, those not convicted with the DWI will not pay these fines, but it’s worth mentioning.

Insurance Premiums

Insurance providers will often raise your insurance premiums after a DWI. One can often see an $800 per year increase on their first offense.

Traffic School/Courses

As part of the license reinstatement process, drivers will have to take traffic school or other courses. On average, these courses costs about $350.

DMV Fees

A DWI arrest will often come with consequences relevant to your vehicle registration and license. For instance, when your license is suspended, you have to pay a reinstatement fine. The fine usually comes out to $250.

Ignition Interlock Mechanisms

Some states require DWI offenders to install ignition interlock mechanism on their vehicle. You will have to cover the bill for maintenance and installation. This comes out to about $180.

Bail

If you get arrested and placed in jail, you will want to get out asap. The average bail for first-time offenders is about $150.

Storage & Towing

If you’re arrested with a DWI and don’t have a sober driver in your passenger seat, the car will be towed. Storage and towing fees come out to about $180.

As you can see, the cost of a DWI can get quite expensive. Even if you get arrested, and ultimately not charged, you will likely spend enough money to feel bad about it by the time it’s over.

Lookback/Washout Periods

Most states have look-back or washout periods for past DWI convictions. Any DWI that is older than the washout period will not count as a prior for the purpose of sentencing. 

If the washout period is ten years, and you have a DWI that happened 12 years ago, you will probably be sentenced as a first offender on this case.

Depending on where you reside, the lookback period can be anywhere from 5 to 15 years. Some states don’t even have these periods, meaning all of your DWIs stay on your record and count as priors. 

Some states make use of multi-washout periods, such as one constituting the second offense, another for subsequent offenses.

Also, the method for calculating whether or not a DWI is within the period will differ with each state. Some make use of arrest date, some make use of the date of conviction.

Potential Prior Convictions

In some of the states, only prior DWI convictions count as priors. But other states are more inclusive in considering prior DWIs. For instance, an alcohol-related boating and related reckless driving convictions can count as priors for a DWI.

Common Penalties for A Third DWI

The consequence of being caught with a DWI is severe. For a third DWI, the penalties are even more severe. In many states, one can avoid jail time on the first and second offense.

However, the likelihood of doing so on the third is very unlikely. The fines for a third DWI are most often in the thousands of dollars. Many states will require an IID device as well.

In general, a first and second offense is noted as a misdemeanor. But in some states, a third DWI is a felony.

How Long Does A Prior Stay On Record?

In some states, DWI convictions stay on your record infinitely. A third DWI will count as a third offense no matter how long ago you got your second and first. 

Other states will count prior DWIs for the purpose sof sentencing only in the occurrence of a lookback period. For instance, with a lookback period of 10 years, a DWI will only count as a thir offense if the driver has two other DWIs that happened in the past 10 years.

DWI laws vary in each state, including the ones relevant to third offenses. Learn more about specific laws from Driving under the influence attorneys.

DWI Begone

Now that you know everything there is to know about the cost of a DWI, you are well on your way to ensure that you can avoid the most depleting of the adverse effects. As long as you learn from your mistakes and try to prove that you are sorry, you will be fine. 

If you’re interested in similar articles, feel free to check out the rest of our legal articles on this website.