Ever heard the expression “You get what you pay for”? This same axiom applies to legal fees charged by attorneys who represent clients in driving under the influence (DUI) and driving while ability impaired (DWAI) cases. If you are seeking a potentially good resolution of the criminal charges against you, be prepared to spend the money for such representation.
Very generally speaking, the cost of hiring a criminal defense attorney for a DUI/DWAI case can range from $2,500 to $10,000. Most DUI attorneys in Denver and Colorado charge a “flat rate” fee. Meaning the fee is set and not dependent on the specific amount of bours billed against the case. An additional fee for trial may also be assessed later on.
However, this fee is affected by a very large list of factors. To list just a few:
- Is the current DUI/DWAI charge the defendant’s first? Or is the driver a repeat offender (which can lead to harsher penalties)?
- Is the client looking to take a plea? Or does the individual want to proceed to trial?
- Does the client have professional licenses (such as a commercial driver’s license, commercial pilot’s license or POST certification) that would be greatly and negatively impacted by either a DUI or DWAI conviction?
- Are the facts of the case complex? For instance, did the police have questionable reasonable suspicion to stop the driver’s vehicle, investigate the operator and find probable cause to make an arrest for impaired driving? Or did the officer performing the roadside sobriety testing conduct the maneuvers (such as horizontal gaze nystagmus) in a proper manner to reveal that the vehicle operator was driving drunk?
- Was there an associated car crash with the arrest where another driver was injured? Or killed?
- Was the driver operating a vehicle slightly impaired? Or was the defendant grossly over the legal limit of 0.08% for DUI?
To summarize, the more complex the facts of the individual case and the defendant’s past life circumstances will mean a greater amount of work will be involved to properly defend the matter.
Additional factors that impact the total fee are “extras” that are tagged onto handling a DUI or DWAI case. For instance, the Colorado Department of Motor Vehicles will hold an administrative hearing (also called an Express Consent hearing) upon receiving notice from a court handling a DUI conviction, an affidavit from a police officer of an impaired driving incident or notice from the DMV itself. This hearing will determine if an individual’s drivers license privileges should be revoked, suspended, denied or canceled. If a defendant’s case is complex, there may be a need for an expert witness to testify about specialized facts. Expert witnesses do not work cheaply. Furthermore, if a DUI or DWAI defendant is convicted, he or she may seek an appeal of the conviction to a higher court. Any of the aforementioned factors can impact what an attorney charges to defend a DUI or DWAI case.
Another factor that must be considered is the experience of the attorney. Not surprisingly, a well-seasoned criminal defense attorney will charge more on a per-hour basis than a lawyer who is just starting out in practice and is learning the ropes. The more experienced lawyer will be able to better identify issues in a case that can possibly exclude key prosecution evidence and potentially lead to dismissal of the DUI or DWAI charges.
Do you need an estimate on a DUI case or have additional questions about how much a DUI attorney costs? Contact us today for a free consultation.
