What if you cannot afford an attorney?
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, 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.
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 to $250.00. This amount is normally less than what you would have to pay for a private attorney.
Due to the seriousness of the offense, the NC General Statutes make it extremely difficult to plea bargain a DWI to a lesser offense or to just dismiss the charges outright. You will need an attorney to assist you in dealing with the legal proceeding.
General Statutes
3-24-05
