Cost Of A DUI
How much is an attorney going to charge for a DUI defense case?
The cost of an attorney in a DUI case varies based on many factors. One factor is where the DUI occurs. The market value or cost of an attorney in some parts of the country typically big cities for example is much higher than it is in sparse or more rural areas. Also of course the experience level of the attorney, the competence of the attorney, the skill of the attorney, the reputation of the attorney is a big factor in determining the cost and it can range anywhere from about five hundred dollars on the lower end to as much as ten thousand dollars or more on the high end. Typically when you hire an attorney in a DUI case, the attorney will represent you with regard to the drivers licence suspension hearing as well as the court proceedings and typically the initial retainer with the attorney will cover the court proceedings up until jury trial. All of the pre trial proceedings but not the jury trial. If the case goes to the jury trial most attorneys will require an additional retainer and additional attorney fees to represent you at the jury trial which often times can be very expensive.
Is it possible that my DUI case may end up in a trial?
It is possible that your DUI case may end up in trial. There are only three possibilities as to what can happen to your DUI prosecution. One is that the case could be dismissed, and that would be ideal. The other is that there is some sort of a plea bargain, where you agree to plead either to a DUI or to some lesser offense, and that's a deal that is struck with the prosecutor. If the case is not dismissed, and a deal cannot be struck, then your case will go to trial. Some states have jury trials, like you see on TV, for DUIs, where 12 members of the community are brought in to hear all the evidence and make the decision. Other states, such as Nevada, for example, no longer have jury trials in DUI cases, but have only court trials, where the trial takes place in front of a judge, and the judge makes the decision. Either way, whether it's a jury trial or a court trial, a verdict will ultimately be rendered by the jury or by the judge, and it will either be guilty or not guilty. If the verdict is guilty, then you will be convicted of DUI and you may face consequences even stiffer than you would have gotten from a plea bargain, because you went to trial. On the other hand, if the verdict is not guilty, then you will be acquitted, you will be exonerated, the case will be dismissed, and you will have been vindicated. So it really isn't all or nothing at that point. If you are charged with DUI, after thoroughly analyzing you case, what you'll want to do is sit down with your attorney, and weigh the probability of winning versus losing and make a very educated decision about whether or not you want to go to jury trial or court trial.
What sort of penalties or fines should I expect to pay if I am convicted of a DUI?
The penalties and fines that you can expect will vary by state, county and region, but typically will include probation, monetary fines--sometimes in the thousands of dollars--an alcohol class that will be imposed by the court, driver's license suspension, and sometimes community service and jail time.
What factors should I consider when hiring my defense for my DUI trial?
In hiring an attorney, there are a number of factors that you want to examine. First of all you want to see what percentage of the attorney's practice is devoted to DUI defense. DUIs are a very technical, very specialized area. Just as if you had a heart problem, you're going to go see a cardiologist as opposed to a family doctor. If you have a DUI you're best off going to an attorney who specializes in DUI defense.You also want to see if the attorney is a part of the National College of DUI Defense and your state's DUI Defense organization, and other organizations that promote and assist with DUI defense. Also you want to see to what extent the particular attorney goes to trial. Attorneys who have a reputation for taking cases to trial and winning DUI trials obviously have a lot more creditability in the court system than attorneys who never go to trial. Another important factor is how well the attorney knows the judges and the prosecutors in the particular courthouse where your case will be pending. Criminal law and DUI law is very localized. An attorney who has good relationships and trust and rapport with the judges and prosecutors who have discretion over your case can often be much more effective than an outsider who really doesn't know these people.
What questions should I ask my DUI attorney?
You should ask your DUI attorney what percentage of his practice is devoted to DUI defense? What organizations he belongs to that encourage and educate attorneys about DUI defense? How long he has been in practice? How well he knows the judges and prosecutors in the courthouse where your case is going to be litigated? How accessible the attorney is? How greatly he returns phone calls? How well he keeps his clients updated about the developments in the case? You should ask whether this particular attorney will be litigating your case himself or herself, or whether it will be relegated to an associate or another person? And you want to go in, I think visit with the attorney personally, sit down with the attorney and really get a sense of whether you are comfortable with this particular lawyer. Because it will be a very stressful process going through being prosecuted for DUI and you want someone who you feel confident in and comfortable with and reassured by.
