Wednesday, March 21, 2007

Cost of DWI: Litigation vs. a criminal record

This story originally ran on News 8 Austin

Cost of DWI: Litigation vs. a criminal record
11/18/2005 4:14 PM
By: Crestina Chavez


DWI offenders have a tough, expensive decision to make: whether to plead guilty or fight the charge.

Either way, first you need to hire a lawyer. Defense attorney Ray Bass said that can cost anywhere from $500 to $10,000. The amount of money depends on how much attention is paid to that case.

Bass said in general, a conviction costs about $10,000. That goes to a number of fees, including $1,500 in probation fees and $125 for a license reinstatement fee.

Then, there's the 24 to 80 hours of time spent on community service, plus alcohol education classes.

"Then, think about the disadvantages once you do have a criminal record. Lost time, lost wages, the anxiety and, even sometimes, lost families," Bass said.

Two out of five of DWI arrests plea guilty to the charge. Bass believes it's worth the fight.

"It's more than worth it to fight it. You're going to spend $4,000 to $5,000 for a lawyer. But that lawyer is going to end up saving you $5,000," he said.

For those who opt to fight the charge, it still costs a bundle. These cases take a while before they go to trial.

"[You’re] sitting there getting an ulcer waiting to find out if you're a criminal," Bass said.

A pretrial hearing takes time away from work or school. Then comes the trial. If you're facing a jury, it won't be easy convincing them of your innocence.

“Because the public, those that eventually serve on juries, are conditioned to believe we owe it to one another to find these people guilty, to teach 'em a lesson. To send this young man on the right path," Bass said.

“It's considered more reprehensible by the public. Juries, at least it's been my experience, take it more seriously now. The Legislature is obviously continuing to take it more seriously with more penalties and license suspensions and with increasing penalties for repeat offenders," DWI resource prosecutor W. Clay Abbott said.

If you win, you're spared about $5,000 in fines, but you still spent as much on your defense and paid for it through time and grief.

But there’s always a third option: the responsible one. A cab ride home will always be cheaper than a ride in a police car.

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