When you have been arrested and charged for DUI, you will have many concerns including whether you will spend time in jail, how you will get around while your driver’s license is suspended, and how much you will end up paying in fines and expenses. With these concerns, it can be tempting to try to save money by defending yourself rather than incurring the DUI attorney cost.
However, the fees charged by a DUI attorney vary widely in both amount and terms. You should, therefore, be able to find a DUI attorney whose charges will fit your budget.
Factors that Determine the Cost of a DUI Attorney
While rates will vary depending on your lawyer, you can expect to pay a few thousand dollars for a DUI attorney. If your charge is a misdemeanor and your attorney is confident that it can be resolved in a plea bargain rather than going to trial – you could get away with spending less money. However, the typical DUI attorney cost for a felony charge of DUI or a case that you plan to fight at trial will likely be higher.
Thus, some of the factors that might affect your DUI attorney cost include:
Number of Charges
More charges mean more work for the lawyer. It also means that you will have more exposure to jail time and fines. For example, DUI by itself might be routine for a DUI lawyer. However, a DUI in which a search of your car uncovered illegal drugs might be significantly more complicated due to additional charges for drug possession.
Seriousness of the Charges
Misdemeanors are crimes that are punishable by less than one year in jail while felonies are those punishable by a year or more in jail or prison. Felony cases usually have more elements that the prosecution must prove and, consequently, can create more work for a criminal defense attorney to rebut.
Likelihood of Trial
If your case goes to trial, your cost could go up because your DUI attorney will have to spend significant amounts of time preparing for trial and trying the case. For example, if you plan to challenge a DUI by arguing that you were not drunk but suffered side effects of legal prescription medication, your lawyer might need to spend significant time researching your defense. Conversely, if a case can be resolved with a plea bargain, the DUI attorney cost may be significantly less.
How a DUI Attorney Cost May Be Structured
Criminal defense attorneys structure fees as either flat fees or hourly fees. Criminal defense lawyers are not allowed to charge a contingency fee:
- Hourly: An hourly rate can be charged based on the lawyer’s skill and experience. When you agree to pay an hourly fee to a lawyer, the lawyer will track the time spent on the case and send you periodic billing statements outlining the time spent and the fees billed. A DUI lawyer who charges an hourly rate might require you to provide a fee deposit to bill against.
- Flat: A flat fee covers a DUI lawyer’s work as defined in the fee agreement. In many cases, the flat fee will cover the lawyer’s work up through trial. However, if the case is resolved in a plea bargain, the lawyer keeps the entire fee. When you pay a flat fee, the DUI attorney cost might be spread out over several smaller payments.
- Blended: A blended fee combines a flat fee with an hourly fee.
Make Sure to Understand Your DUI Attorney Cost
Be sure to read your fee agreement carefully to understand how you will be billed. Some DUI lawyers charge extra for assistance with your driver’s license suspension. Similarly, some law firms charge for hard costs, such as photocopying, messengers, postage, and legal research.
Understanding exactly what you are being charged for and what is included in your representation will help you choose a DUI attorney who falls within your budget.
Contact us for a free initial consultation to discuss your case and my fees. I have over 25 years of experience as both a DUI attorney and a chief assistant prosecutor and use my experiences to navigate cases to a successful resolution.