Friday, December 24, 2010

DUI Defense Attorney


The costs of a DUI defense attorney are subject to several considerations, including most notably the geographic area of the attorney’s practice, the relative “power” or “reputation” of the attorney, and the billing structure employed by an attorney in a given DUI defense case. Therefore, depending on your location, the specific attorney you select, and the type of billing agreement arranged with the attorney, the costs of a DUI defense case will vary greatly from case to case. The costs of DUI attorney are generally reflected in the following:
  • The hourly rates of a DUI attorney typically run from $100 to $300 per hour, with DUI cases involving first time offenders wishing to make a quick plea agreement often costing around $500 to more than $2,000, depending on the attorney.
  • Costs of cases going to trial can range dramatically, anywhere from $2,000 to $25,000 or more. Depending on the defendant’s intentions, arranging a tier based payment or paying a flat fee for the entire case may be more cost-effective, if the case will proceed to trial.
  • The costs of legal counsel, in a comprehensive defense, will also need to account for testimony from expert witnesses (used in contesting evidence, usually BAC samples) and possibly costs of a private investigator employed by an attorney or firm as well.
  • In general, even in light of the costs, DUI cases involving outside legal counsel stand a relatively good chance of dismissal or some form of favorable plea bargain agreement when compared to many other serious misdemeanor offenses.
With these figures in mind, a defendant still needs to understand the costs of conviction of a DUI to determine whether using legal counsel is worth the price tag. The following outlines the costs associated with a conviction for a first time DUI offense (penalties and associated costs will vary from state to state, with repeat offenders incurring significantly higher penalties in virtually all cases).
  • Aside from towing and impound fees for one’s personal vehicle, the courts may require an offender to provide a pre-determined amount of money in the form of bail, which can range from nothing (released on own recognizance) to more than $2,500 for a first time offender
  • Insurance costs upon arrest, as well as following conviction, will increase dramatically and will stay this way for years to come. Policies vary, but the typical costs incurred from insurance premiums increases alone typically top $5,000 over the course of three (3) years
  • A limited number of states also require payment of risk assessment surcharges annually, which often mirror the costs of the insurance increases and do occur annually in certain states
  • Upon conviction, costs and fines related to a given case will include a growing list of fees, fines, surcharges, penalties, and mandatory contributions, which can range anywhere from $250 to over $1,500 in certain states, for first offenders only
  • Sentencing conditions for first time offenders often involve intensive (and expensive) probation periods, incurring a rolling number of costs each month related to probation, including probation meetings, urinalysis, attendance at DUI school, attendance at alcohol counseling, and others. These costs widely vary from state to state, but can ultimately cost an offender anywhere from $1,000 to well over $7,500
  • License reinstatement (once available) will also be a costly process, subject to state-by-state laws. Typically, costs associated with this process after first offense DUI convictions range from $100 to over $300, depending on the state
  • There are also non-pecuniary costs associated with conviction as well; for example, many forms of employment require a valid driver’s license, while other forms of employment require good standing within the community (typically professionals, such lawyers, doctors, but also, public workers as well). Job loss is always a potential concern in even a first offense DUI case
  • Legal liability in any ensuing civil claims, if a DUI charge stems from involvement in an auto accident involving bodily injury or property damage

Getting Legal Help with DUI Defense Costs

Ultimately, most offenders, when armed with sufficient information about their pending criminal case, will seek out the counsel and representation of a DUI lawyer. While first offense DUI cases are typically low misdemeanors in any state, the reality is that the long-term costs and losses associated with conviction are far greater than the one-time costs associated with utilizing legal counsel.