If you’ve been arrested for DWI or DUI, you might be considering hiring a lawyer. If you’ve called up a few, you’ve likely heard different rates. These rates can vary dramatically from one attorney to the next. And paying a higher rate doesn’t necessarily entail a better experience or result.
So, how will you know how much you can expect to pay for legal representation? Like many answers in the law, the answer to this question is, “It depends.” You can contact The Law Office of Mike Howard and arrange a confidential consultation to learn more about our attorney fee structure and how we can help.
Why You Need a Criminal Defense Lawyer Following a DUI/DWI Arrest
The first thing that you might need to understand is why you need an attorney in the first place. Some criminal defendants might think hiring a lawyer is a waste of money, but this is far from the truth. There are many reasons why you need an experienced attorney, including the following:
- Criminal defense lawyers understand the criminal laws related to your case and can explain them to you. This includes unexpected consequences of a DWI like driver’s license suspensions and thousands of dollars in “superfines.”
- Criminal defense attorneys can help you navigate the complex criminal justice process. Is your license going to be suspended? If so, when and for how long? An experienced criminal defense attorney can answer all these questions.
- Experienced legal representation could mean the difference between having your charges dismissed or facing devastating consequences that follow you for years to come.
- If you are unrepresented, you don’t know what you don’t know. You don’t know if the prosecutor’s offer is good or bad. You don’t know if the police violated your rights and if that could mean dismissal of your charges. And finally, if you’re unrepresented, the prosecution generally will not have an incentive to offer you a better plea deal or resolution of your case, as it will feel it can defeat an unrepresented party at court.
Learn more about how we can help with your criminal case when you call for a confidential case review.
How Much You Can Expect to Pay for Attorney Fees
There is no real average amount that you can expect to pay because every case is different. Factors may be present that make one case more – or less – expensive than another. You can likely expect to pay thousands of dollars over the course of the case. Some criminal defense attorneys may charge more for cases that go to trial, rather than are dismissed or result in a plea agreement.
Different Fee Structures
Further complicating the matter is that attorneys may charge differently for their services. Some of the most common fee arrangements for lawyers include the following:
- Hourly rate: While it’s not common in criminal law, the most common way that many attorneys in other practice areas charge for their services is by applying an hourly rate. This rate can vary significantly from one lawyer to the next, anywhere from $150 to $1,000 per hour. The attorney multiplies the number of hours they spent on the case by the hourly rate and bills the client. Retainer: If an attorney is using an hourly rate, the retainer fee serves as a large initial upfront payment. The attorney deducts their rate from this payment until it is exhausted and then may charge a new retainer.
- Flat fees: Many criminal attorneys in Texas charge flat fees for criminal cases. Unlike an hourly rate billing model, this means that no matter how much the attorney works on the case, it doesn’t cost you more money. Most criminal defense attorneys split their flat fee between a non-trial fee and an additional trial fee. The non-trial fee covers all dispositions up to setting the case for trial. If the case must be set for trial, you then pay the additional trial fee..
- Contingency fees: Contingency fees condition the payment of attorney fees on the outcome of the case. This is how most personal injury attorneys charge for their services. Contingency fees are prohibited when the outcome of a criminal case serves as the condition for payment.
Factors That Affect Attorney Fees in DWI Cases
The Texas Disciplinary Rules of Professional Conduct state that a lawyer must not charge an unconscionable fee, which is one that a competent lawyer could not form a reasonable belief that the fee is reasonable. Factors that are considered when determining the reasonableness of a lawyer’s fee include:
- The time and labor required of the legal representation
- The novelty and difficulty of the legal questions involved
- The skill necessary to properly perform the legal services
- The likelihood that accepting the case would prevent the lawyer from accepting others, if this factor is apparent to the client
- The fee customarily charged in the area for similar legal services
- The time limitations imposed by the client or by the circumstances
- The nature and length of the professional relationship with the client
- The lawyer’s experience, reputation, and ability
- Whether the fee is fixed or contingent
- Other relevant factors
In DWI cases, other factors that a lawyer might consider when estimating a fee might include:
- Whether a high BAC was involved
- Whether the case involved a motor vehicle accident
- Whether anyone was injured or killed in the accident
- Whether other aggravating circumstances were involved
- Your prior criminal history
- Whether the case is resolved in a dismissal, plea agreement, trial, or appeal
How to Find Out About Attorney Fees
You can call lawyers and ask their law offices about their fee structure. The Texas Disciplinary Rules of Professional Conduct state that the lawyer must provide an explanation for the basis or rate of the fee and expenses after commencing representation, preferably in writing.
What Types of Defenses Can a DWI Lawyer Raise on My Behalf?
When you hire a DWI lawyer, they will get to work immediately on your case, investigating the arrest and circumstances involving it and devising a legal strategy personalized to your case. Various defenses and legal strategies may be available, such as:
- Challenging the validity of the traffic stop
- Challenging the reliability of field sobriety tests and the officer’s compliance with national standards when administering these tests
- Filing motions to suppress illegally obtained evidence
- Challenging the accuracy of blood or breath tests
- Highlighting procedural violations by law enforcement
Your criminal defense lawyer can try to have the charges against you dismissed, reduced to a lesser offense, such as reckless driving, or fight for an acquittal at trial.
Alternative Sentencing Options for DWI in Texas
Sometimes, receiving an early dismissal or an acquittal isn’t feasible in a DWI case. However, you still might be able to receive a favorable outcome in other ways that minimize the long-term impact of the DUI case on your life, such as:
- Pretrial diversion: Pretrial diversion is a type of intervention program that allows first-time offenders to have criminal charges dismissed against them after they complete certain requirements, such as community service and alcohol education courses. These programs are not available everywhere, but they are available in some Texas counties.
- Deferred adjudication: Deferred adjudication allows the judge to withhold formally entering a final plea in a case. Often, if the defendant completes probation successfully, the case can be discharged without resulting in a conviction.
- Community supervision: Community supervision or probation is sometimes granted as an alternative to jail time. During the period of supervision, you must comply with all conditions.
- Ignition interlock device: Installing an ignition interlock device, which requires that you provide a clean breath sample before the ignition will start your car, may help alleviate the prosecutor’s concerns about public safety.
- Work release: Work release helps people who are employed. They can serve time on weekends or during non-working hours, allowing them to keep their job while serving their time.
An experienced criminal defense attorney can review your situation and eligibility criteria for these or other alternatives to the harshest consequences of a DWI conviction.
Sometimes, if you are proactive by entering a treatment program or seeking professional help, this can help convince the judge that you are taking the situation seriously, removing the incentive for punitive punishments. Various treatment options are available throughout Texas and neighboring states, including rehabilitation programs, supportive outpatient therapy, and intensive outpatient therapy.
What Questions Should I Ask During an Attorney Consult?
The Law Office of Mike Howard offers prospective clients an opportunity to discuss their case with an experienced attorney before retaining our services. During this confidential case review, the lawyer can explain how they can help and what working with them would look like. This also serves as a good opportunity for you to answer questions, such as:
- What is your typical rate?
- Am I responsible for legal expenses in addition to attorney fees?
- Do you charge a flat fee or an hourly rate?
- Do you have payment plans?
- What is your legal experience handling cases like mine?
- How many DWI trials have you handled? How many of those have you won?
- What percentage of your caseload involves DWI cases rather than other crimes?
- How do you stay in contact with clients?
- How can you help me?
- Why should I hire you over another attorney?
Contact an Experienced DWI Defense Lawyer Today
The Law Office of Mike Howard believes in transparent pricing. We can explain how we charge and the factors that can influence this determination. What’s more, we focus on protecting your long-term interests, so our legal intervention often pays for itself. Contact us today to learn more about how we can help.
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