DWI Aggravating Factors & Probation

Interviewer: Let’s talk about how the costs increase.

Michael Kramer: Well, the court cost can increase depending on what you’re convicted on. We talked about a reduced charge for a DWAI first offense. We talked about being held to a DWI misdemeanor as to what those costs are and then if you’re getting onto your third or fourth offense, it could be a felony, which significantly increases the costs.

There’s up to $2,500 for a fine plus a substantial additional costs if you’re on probation, there are monthly fees for probation that are not prohibitive but they’re an added expense. There then might be further costs for long term treatment if mandated by probation.

A Monthly Fee is Charged Along With Probation Charges

Interviewer: Are there costs for probation as well?

Michael Kramer: There’s a monthly fee for probation. It’s not exorbitant – upwards of close to $100 a month perhaps.

Interviewer: Let’s compare a second time versus the first time. How are the costs going to change from there?

Michael Kramer: Well, the first time you get the plea bargain – the reduced charge – I indicated the fines of between $300 and $500 plus $260 court cost. The second time you’ll be held to a misdemeanor. The fines for a misdemeanor are between $500 and $1,000 plus $400 court cost, so those are fines.

In addition, you have the expense of the ignition interlock device, which is mandatory for a DWI or a DUI misdemeanor, but not the reduced charge. If you’re charged and convicted of a felony the costs go up substantially.

Interviewer: What about the third or fourth time? Do the costs increase more from between the second and the third? Is there a significant difference between those two costs?

Michael Kramer: Usually the third one will be a felony, so the mandatory fines go up $1,000 to $2,500 for fines, plus the costs of probation, plus the cost of the ignition interlock, plus the cost of increased long-term alcohol treatment. So, obviously, as the DWI offenses gets more and more serious, the costs go up.

Interviewer: If an accident occurred and some injuries occurred, what sort of fines I’m going to have to be facing?

Michael Kramer: If it is an accident involving personal injury then you probably will not be able to plea bargain the matter down to a reduced charge. For a DWAI, you’ll be held at least to a misdemeanor. If there are serious injuries you might be charged with additional crimes in terms of vehicular assault or vehicular manslaughter, God forbid, if there’s a death.

You can be sued with regard to an accident and then an insurance company, if they don’t deny coverage, will certainly increase your rates substantially.