The truth is that most attorneys will quote you a set price, a flat fee of $3,500 – $7,500 for a DUI. Sometimes they will go to court a few times, dragging out your case to make it seem like they are “working” for your deal.
Other attorneys may even use scare tactics to make you feel like you have to hire them, it is dire.
Yet, there are different types of DUI cases, some which require more work than others. At Proper Defense, we provide a different type of representation in a driving under the influence (“DUI”) case. We have structured our payment system depending on your specific case. Not every DUI is the same and some cases require additional work, so we believe that the cost should vary depending on the needs of each case.
To better understand our pricing structure, below is a brief explanation of the DUI process and varying costs associated with a DUI arrest.
When you have been arrested or cited for DUI there are two different cases that are initiated:
At the time of the arrest or citation, the officer will usually confiscate your driver’s license and provide you with a pink DS-367 form. This form is a temporary driver’s license and also a notice that your license will be suspended if you do not request an administrative hearing within 10 days. It is imperative that this hearing is scheduled right away or your license will be suspended automatically 30 days after receiving the DS-367 form.
The DMV hearing gives us an opportunity to get the police reports and the evidence against you before stepping into a courtroom for the criminal charge. DMV will provide the initial reports and we will then subpoena the arresting agency and the department of justice to get all of the evidence that is necessary to fight your DUI. Meanwhile, you continue to have a temporary license until the determination of the hearing is issued. Also, there may be an issue that we can use to fight for you at the hearing and protect your license from suspension altogether.
After we have reviewed the police reports we can assess your case and discuss your options with you and determine if we should fight the license suspension. At the hearing, we can submit rebuttal evidence, call witnesses, and make legal arguments to help you retain your license.
If after reviewing the reports we may conclude that a DMV hearing would prove fruitless and thus, you will be saved the expense of the hearing.
The criminal case may take anywhere from two weeks to up to one year to be filed in the criminal court (See How Long Until I go To Court?). At Proper Defense, we have a proactive approach and we will keep in contact with the district attorney’s office to find out when your case is filed. Because of our proactive approach, we will have reviewed all police reports and evidence against you before we go to court. This puts us at quite an advantage because normally we receive the initial reports the first day of court and then have to wait many weeks to obtain the rest, only after having requested it. By having reviewed the reports before going to court we can plan the strategy for your case. If there are no issues and you clearly cannot fight your case, we will seek to get an offer and plea on the first hearing, saving you the cost of money and time delaying the case with multiple hearings.
Often times with a DUI case there are issues with the traffic stop, blood draw/breath sample, or statements that you made which may violate your constitutional rights. If your case presents one or more of these issues we will seek to file a Motion to Suppress to keep the illegally retrieved evidence out of the court case. If your case has such an issue, there will be a motion filed and a hearing at which we will cross-examine the arresting officer and maybe even give you an opportunity to speak in court by testifying against the officer. If these issues are present in your case, there will be an additional fee.
If you are convicted of a DUI, there are classes, fines, and programs that you will have to attend. At Proper Defense, we help you sign up for everything and give you a detailed explanation of everything you will have to do. We even offer services to get the DUI off of your record after you have complied with the court’s orders, such as an Expungement or Early Termination of Probation.
A basic first time DUI is $2,500
A DMV hearing costs an additional $600
A Motion to Suppress and a hearing is an additional $600
The most a first time DUI would cost you is $3,700, less than most attorneys in the Central Valley charge. Most importantly, you only pay for the services you need and receive. If your case does not need additional services you will pay a flat fee of $2,500.
*Proper Defense reserves the right to quote a different fee depending upon the facts of the case. Please keep in mind that the prices indicated above are reflective of the average cost of defending a First Time DUI charged by Proper Defense.