by jerrick » Mon Dec 19, 2011 1:31 am
Hi, DWI citations/charges are handled in magistrate's Court. Since this is your first DWI charge, Read this code regarding the penalties etc., for first offender DWI cases: http://www.drivinglaws.org/resources/dui-dwi/dui-laws-state/first-offense-dui-north-carolina
As far as acquiring an attorney, you can ask for a court appointed one. Here is the information for North Carolina, and the site I got the information from: http://www.ncsu.edu/stud_affairs/legal_services/legaldocs/DWI.htm
HIRING AN ATTORNEY: Because of the serious nature of a DWI arrest and the potential for jail terms, loss of license, heavy fines, and a criminal record, it is advisable to be represented by an attorney during the court proceedings. You always have the right to hire your own attorney. The attorney's fee will vary according to the attorney and the seriousness of the offense. The advantage to hiring your own attorney is you get to choose who that attorney will be. You also have the option to request a court appointed attorney. To qualify for a court appointed attorney, you must complete an Affidavit of Indigency (you can get the form from the clerk of courts) showing your income and your expenses. If after completing this form, the judge decides that you cannot afford an attorney, he can appoint one from a list of attorneys that do court appointed work. You have no voice in who the judge will appoint to represent you. (However, the attorney's are all licensed, practicing attorneys in your area).
Some counties have a Public Defenders Office who will be appointed to represent you if you so request and qualify for that service. If you use the services of the court appointed attorney or a Public Defender and you plead guilty or are found guilty, the judge will order you to reimburse the State of North Carolina for using a court appointed attorney. The amount that you have to pay varies according to how many hours your attorney worked on your case. Generally speaking, the judge will order you to pay $100.00 - $250.00. This amount is normally less than what you would have to pay for a private attorney.
You can read more in this site because it gives you ranges of a field sobriety test and other really good information. Good luck!! JOSA