If I’m 22 and was charged with drunkenness on New Years Eve, do I need to hire a lawyer?
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If I’m 22 and was charged with drunkenness on New Years Eve, do I need to hire a lawyer?
Or will the court offer me options to have the charge expunged on my court date. I am a first-time offender. Additionally, how much is all of this going to cost?
Asked on January 7, 2016 under Criminal Law, South Carolina
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You need an attorney. DWI for first time offenders are only misdemeanor level offenses, which makes many people think.... "It's just a misdemeanor... so it won't be a big deal to enter a plea." Unfortunately, DWI's have some of the worst collateral consequences... via driver's license surcharges, driver license suspensions, and higher insurance rates.... just to name a few. If you enter into this plea lightly or if you assume that a prosecutor will treat you fairly, then you could commit yourself to an obligation that could have some serious long term consequences.
A good attorney will explain all of the possible ramifications of a plea of guilty and any alternatives to entering a plea to the offense of DWI. An attorney that routinely practices in your area can also explain if/when you will become eligible for an expuction and any specialized programs in your jurisdiction. Some jurisdictions do have programs that basically allow you to "earn" a dismissal by jumping through certain hoops... but this is not a given in all jurisdictions. A local attorney can guide you through these processes and procedures.
As far as cost, it really depends on the complexity of the facts of your case. If you have no defenses and this is a plea case... your attorney's fees won't be too much. If you have some defenses or challenges to the charge, then you will need more hearings... which will inevitably increase the cost of your defense. If you decide to challenge the charges with a jury charge, you could be looking at $3000-7000, again... depending of the facts of your case.
I know the price tag can be stressful... but if you loose your job because of suspension, if you loose future job opportunities because of the conviction, if you have to pay a higher insurance rate for the next five years, or if you lose a scholarship because of a conviction...... the cost will be minimal compared to a lifetime of potentially negative consequences.
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