DWI OFFENDERS FACE GREAT COST WHEN COURTS LOWER THE BOOM

There is no such thing as an inexpensive driving while intoxicated arrest. In Missouri, as in most states, the offender pays dearly for the crime.

The legal and administrative fees, along with the increased insurance rates, can leave a person with a bill as high as $4,500.

"Getting a DWI is very costly and treatment is also very expensive," Cape Girardeau Division II Circuit Judge John Grimm said.

He said courts are much stricter on DWI cases than 20 years ago, because statistics show those who drink and drive run a higher risk of injuring or killing someone. There also is an interest in forcing someone who might have an alcohol problem to get help.

"The court does not want people to get as many as three or four DWIs before they get treatment," Grimm said. "It's being taken more seriously by everyone."

Missouri's Legislature voted into law a comprehensive DWI bill, which took effect Oct. 1, that closed loopholes and made it even more difficult to avoid drunk driving prosecution.

A National Highway Transportation and Safety survey shows that stricter laws have had an effect on DWIs from 1983 to 1993. During those 10 years, the proportion of drivers who were intoxicated -- having a blood-alcohol content of .10 or greater -- decreased from 29 percent to 21 percent, a 28 percent drop.

Repeat offenders are treated more harshly by the courts.

"One DWI doesn't necessarily indicate someone has an alcohol problem," Grimm said. "But two within five years probably does. I would say the problem needs to be addressed if that happens."

In light of the low cost of cab fare relative to the expense of a DWI conviction, the decision to drink and drive seems a self-destructive act.

"Next to a DWI, a cab ride looks pretty good," Cape Girardeau Yellow Cab dispatcher Jeff Sides said. "It's a lot cheaper than a $600 or $700 DWI." The most inexpensive cab ride in Cape Girardeau is $2. The most expensive within the city limits is $6.50.

Actually, by today's standards, a $700 DWI would be a bargain.

With a blood-alcohol content of .10 percent or above, a motorist is deemed legally intoxicated under Missouri law, and can be charged with a DWI and booked into jail if he's unable to find someone to post bond.

In addition to the criminal charge of DWI, the driver's driving privilege will be suspended for 30 days and he must relinquish his driver's license to the arresting officer.

Even if the motorist tests below .10, he might still be charged with DWI if his ability to drive is sufficiently impaired. However, his driving privilege won't immediately be suspended.

If the car is impounded, it could cost $50 for towing and daily storage fees. A bail bondsman will require a fee equal to bond, another $60 or more.

An attorney for a DWI in Cape Girardeau usually runs from $500 to $750. The case will be presented to the judge for arraignment, then go to trial.

Added to that upon conviction is an average of $75 in court costs and between $250 and $500 in fines.

For a first offense, with a $350 fine, the conviction could cost $515. The maximum fine for a second DWI is $1,000.

In many cases, the insurance carrier will cancel coverage. If it doesn't, the convicted driver must ask his agent to file an SR-22 form -- proof of financial responsibility -- with the Department of Revenue.

The form must be kept in force two years or driving privileges will be resuspended, prompting a complete new filing with the Department of Revenue, which includes a reinstatement fee.

A DWI suspension also will increase auto insurance premiums. The annual high risk premium on a 1992 Ford Tempo with no prior tickets or accidents for men ages 25 to 29 is $3,225 annually and is in effect for five years.

But there are other hidden costs in a DWI conviction, such as time lost from work to go to trial, hold meetings with an attorney and insurance agent and get alcohol abuse treatment.

For first-time offenders, a lawyer will seek a suspended imposition of sentence, which removes the conviction from the drivers record if all probation requirements are met.

Grimm said an SIS usually is obtainable if a DWI offender's history doesn't reveal a serious drinking problem.

"A judge will look at the general background of a person, his or her work history and whether or not he has received treatment for alcohol abuse," Grimm said. "Very frequently first-time offenders will receive some type of probation."

Violating probation conditions of a suspended sentence likely means the offender will spend time in jail, rather than merely pay a heavier fine or lose his license.

If DWI offenders complete the conditions of their probation, the offense is removed from their records. However, if a second DWI occurs -- even after the probation period expires -- the court allows the first conviction to factor into the case.

"A lot of people think the SIS completely wipes the DWI off of their record, but it doesn't," Cape Girardeau attorney Malcolm Montgomery said.

He said the SIS only works in someone's favor when it doesn't involve another DWI offense.

Each conviction will be combined to enhance the punishment, which prevents repeat offenders from driving and help identify problem drinkers for intervention.

"It used to be... if you got two DWIs in the city, the third would only be a Class B misdemeanor," Montgomery said. "But the laws are much stricter now."

In most cases, the offender's driver's license will be denied for five years after two violations and 10 years after three or more. A third DWI becomes a felony, and automatically is prosecuted in state court.

In the past year, Grimm said he has handled "about a dozen" third-time DWI cases.