How Much Does a DUI Lawyer Cost?
It depends on the lawyer, the state, and the case, and official sources do not publish a typical price. DUI defense is a criminal matter, so lawyers generally charge a flat fee or by the hour rather than a percentage, and people who cannot afford a lawyer may apply for a public defender; fines, license fees, and program costs are separate from any lawyer's fee.
What the law says
- Example (California): Rule 1.5 of the California Rules of Professional Conduct says a lawyer shall not make an agreement for, charge, or collect a contingent fee for representing a defendant in a criminal case. State Bar of California, California Rules of Professional Conduct, Rule 1.5
- The Florida Bar says flat fees are often charged in criminal law cases, and that no set hourly rate for lawyers or services exists; hourly rates vary with the lawyer's experience. The Florida Bar, Consumer Pamphlet: Attorney's Fees
- Example (Florida): a person asking for a court-appointed lawyer pays a $50 application fee to the clerk of court for each application. A person found indigent may not be refused counsel for failing to pay the fee; if it is still unpaid when the case ends, the court may assess it, for example as part of the sentence. Florida Statutes § 27.52 (Florida Legislature)
- Example (Florida): an applicant for court-appointed counsel is presumed indigent if income is equal to or below 200 percent of the then-current federal poverty guidelines for the applicant's household size. Florida Statutes § 27.52 (Florida Legislature)
- Example (Wisconsin): to apply for a public defender, you contact the State Public Defender office serving the county where your case is located; eligibility is based on income, assets (including a spouse's), family size, and type of case. Wisconsin State Public Defender, How to Apply
- Example (Wisconsin): state law (Wis. Stat. § 977.075) requires the State Public Defender to collect fees from clients. In a misdemeanor case, the prepayment amount is $60 if paid within 60 days, while the full amount is $240; a client who cannot pay may submit an Ability-to-Pay Form. Wisconsin State Public Defender, Client Fees
- Example (Florida): fines for DUI are not less than $500 or more than $1,000 for a first conviction and not less than $1,000 or more than $2,000 for a second conviction. With a blood or breath alcohol level of 0.15 or higher or a minor in the vehicle, a first conviction carries a fine of not less than $1,000 or more than $2,000. Florida Statutes § 316.193 (Florida Legislature)
- Example (Florida): for a second DUI conviction the court must order an ignition interlock device for at least 1 year; for a first conviction it may order one for at least 6 continuous months. A first conviction also requires 10 days of vehicle impoundment or immobilization and at least 50 hours of community service, and the vehicle owner generally pays impoundment or immobilization costs. Florida Statutes § 316.193 (Florida Legislature)
- Example (Florida): the state's standardized DUI program fees, as of October 1, 2023, include $330 for Level I registration and $495 for Level II registration; an ignition interlock device first-violation appointment is $25. Florida Highway Safety and Motor Vehicles, DUI Program Service Fees
- Example (Florida): for DUI convictions after October 1, 2007, the driver must carry Form FR-44 liability insurance for three years from license reinstatement. Florida Highway Safety and Motor Vehicles, DUI FAQs
FAQ
Can a DUI lawyer charge a percentage or work on contingency?
Generally not for criminal defense. California's Rule 1.5, for example, bars contingent fees for representing a defendant in a criminal case.
Is there a standard price for a DUI lawyer?
No official source sets one. The Florida Bar says no set hourly rate exists, and flat fees are often charged in criminal cases.
Is a public defender free?
Not always. Florida charges a $50 application fee for court-appointed counsel, though an indigent person can't be refused counsel for failing to pay it.
Do public defender clients pay anything after the case starts?
In some states. Wisconsin's State Public Defender collects client fees set by statute; in a misdemeanor case the prepayment amount is $60 versus a full amount of $240.
What DUI costs are separate from the lawyer's fee?
Fines, DUI program fees, ignition interlock costs, impoundment costs, and license reinstatement fees. Florida, for example, sets first-conviction fines of $500 to $1,000.
Who qualifies for a public defender?
Each state sets its own test. In Florida, an applicant is presumed indigent at or below 200 percent of the federal poverty guidelines for the household size.
Related
- Can You Go to Canada With a DUI?
- Do I Need a Lawyer for a DUI?
- Do I Need a Lawyer for Traffic Court?
- DUI vs. DWI: What's the Difference?
- How Much Does a Speeding Ticket Lawyer Cost?
- How to Fight a Parking Ticket
- Is a DUI a Felony?
- Traffic Tickets & DUI by state
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.