How much does a DUI lawyer cost?
Short answer
DUI lawyers usually charge a flat fee for a first offense, with trial and the license hearing often billed separately; Clio's 2025 average for traffic-offense lawyers is $326 per hour. The lawyer is only part of the cost: a first-offense fine is $390 to $1,000 in California, up to $2,000 in Texas and $500 to $1,000 in Florida, plus interlock, reinstatement and insurance costs. The license hearing deadline is short: 10 days in California and Florida and 15 days in Texas.
The lawyer is only part of the cost of a DUI
A first DUI usually costs far more than the lawyer's fee. Fines, court costs, license reinstatement, an ignition interlock device, a required alcohol education program and higher car insurance all add up, and several of those costs apply even if the criminal case is reduced. Budget for the whole picture before deciding how much to spend on a lawyer.
DUI lawyers usually charge a flat fee for a first offense through plea or dismissal, with a separate fee for trial and sometimes for the DMV hearing. Clio's 2025 data puts the average rate for traffic-offense lawyers at $326 per hour [1]. Contingency fees are not allowed in criminal cases [2].
The deadline most people miss: the license hearing
A DUI arrest usually starts two cases: the criminal case in court and an administrative license suspension at the state motor vehicle agency. The license case has short deadlines that run from the arrest paperwork, not from your court date.
| State | Deadline | Notes |
|---|---|---|
| Arizona | Received within 30 days of the notice [11] | First offense: at least 30 days of suspension, then at least 60 days restricted, if screening is completed [11] |
| California | 10 days from receiving the suspension order [3] | Requesting a hearing does not by itself stop the suspension [3]; a first offense at 0.08% or more brings a 4-month administrative suspension [4] |
| Texas | By the 15th day after you receive notice [6] | Mailed notice is treated as received 5 days after mailing [6] |
| Florida | 10 days after the notice of suspension is issued [9] | Formal or informal review by the state |
Fines and penalties for a first offense
| State | Fine | Jail | Other |
|---|---|---|---|
| Arizona | At least $250, plus two $500 assessments [12] | At least 10 consecutive days; all but 1 can be suspended after a court-ordered program [12] | Certified ignition interlock required when alcohol was involved [12] |
| California | $390 to $1,000 [5] | 96 hours to 6 months [5] | Court penalty assessments are added on top of the base fine |
| Texas | Up to $2,000 (Class B misdemeanor) [8] | 72 hours minimum, up to 180 days [7][8] | Class A misdemeanor if BAC was 0.15 or more [7] |
| Florida | $500 to $1,000; $1,000 to $2,000 if BAC 0.15+ or a minor in the car [10] | Up to 6 months (9 months if aggravated) [10] | 50 hours community service, probation up to 1 year, 10-day vehicle impoundment [10] |
Costs beyond fines
- Ignition interlock device. You pay for installation, monthly monitoring and removal. In Florida, an interlock is mandatory for at least 6 months, at the offender's expense, after a first offense with BAC of 0.15 or more, and the court may order one in other first-offense cases [10]. Get quotes from approved vendors in your state.
- Mandatory assessments. Arizona adds two $500 assessments to the minimum $250 fine, so the floor is $250 + $500 + $500 = $1,250 before surcharges on the fine [12].
- License reinstatement. California charges a $125 reissue fee and requires proof of insurance to reinstate after a DUI suspension [4].
- SR-22 and insurance. California requires proof of financial responsibility (insurance) to reinstate [4]; in many states that proof is an SR-22 certificate your insurer files with the state. Your insurer may raise your premium or cancel the policy; ask for quotes before your current policy renews.
- Education programs and probation fees. States require DUI education or substance abuse courses and often charge probation supervision fees.
- Impound, towing and storage. Florida requires 10 days of impoundment or immobilization for a first offense [10].
- Time off work for court dates, jail time, community service and classes.
Example (illustrative, Florida first offense, BAC under 0.15): minimum fine $500 [10] + a lawyer who spends 12 hours at the $326 traffic-offense average (12 × $326 = $3,912) = $4,412, before court costs, impound fees, the substance abuse course, any interlock and the insurance increase.
What makes a DUI lawyer more expensive
- A blood test (rather than breath), which may need a toxicologist.
- A refusal, an accident or injury, or a child passenger.
- Prior DUI convictions, which raise penalties and may make the charge a felony.
- A commercial driver's license or immigration status at stake.
- Going to trial, which most flat fees exclude.
Questions to ask
- Does your fee include the DMV or license hearing?
- Is trial included, and if not, what is the trial fee?
- Are expert witnesses or record requests (such as breath machine maintenance logs) extra?
- What will my total cost be beyond your fee, including fines, interlock and courses?
If you cannot afford a lawyer and jail is possible, ask the court for a public defender; see criminal defense lawyer cost for how eligibility works.
Frequently asked questions
How long do I have to save my license after a DUI arrest?
Very little time. California requires a hearing request within 10 days of receiving the suspension order, Florida within 10 days of the notice, Texas by the 15th day after notice, and Arizona within 30 days. Other states have their own deadlines, so check yours immediately.
Does a DUI lawyer's flat fee include trial?
Often not. Many first-offense flat fees cover the case through a plea or dismissal, with a separate fee if it goes to trial and sometimes for the license hearing. Get the scope in writing.
Who pays for an ignition interlock device?
The driver. Florida law, for example, makes the device mandatory at the offender's expense for at least 6 months after a first offense with a BAC of 0.15 or more.
Is a public defender available for a DUI?
Yes, if you cannot afford a lawyer and jail is a possible sentence, which it is for a first DUI in California, Texas, Florida and Arizona. Ask the court at your first appearance.
Sources
- Compare Lawyer Rates (2025 Legal Trends Report data) — Clio. 2025 average hourly rates: all lawyers $349; by practice area (criminal, family, employment, immigration, bankruptcy, workers' comp) (checked October 11, 2026)
- Model Rule 1.5: Fees — American Bar Association. Rule 1.5(d): no contingent fees in criminal defense or in divorce, alimony, support or property-settlement matters (checked October 11, 2026)
- California Vehicle Code § 13558 (public.law mirror) — California Legislature via public.law. DMV hearing must be requested within 10 days of receiving the suspension order; request does not stay the suspension (checked October 11, 2026)
- Driving Under the Influence — California DMV. 4-month administrative suspension for a first offense at 0.08%+; proof of insurance and $125 reissue fee to reinstate (checked October 11, 2026)
- California Vehicle Code § 23536 (public.law mirror) — California Legislature via public.law. First DUI: fine of $390 to $1,000; 96 hours to 6 months in county jail (checked October 11, 2026)
- Texas Transportation Code Chapter 724 — Texas Legislature. ALR hearing request due by the 15th day after notice of suspension (§ 724.041) (checked October 11, 2026)
- Texas Penal Code Chapter 49 — Texas Legislature. First DWI is a Class B misdemeanor with 72 hours minimum confinement; Class A if BAC 0.15+ (§ 49.04) (checked October 11, 2026)
- Texas Penal Code Chapter 12 — Texas Legislature. Class B misdemeanor: fine up to $2,000 and/or up to 180 days in jail (§ 12.22) (checked October 11, 2026)
- Florida Statutes § 322.2615 — Florida Legislature. Review of a DUI suspension must be requested within 10 days after the notice is issued (checked October 11, 2026)
- Florida Statutes § 316.193 — Florida Legislature. First DUI fine $500 to $1,000 ($1,000 to $2,000 if BAC 0.15+ or minor passenger); interlock; 50 hours community service; 10-day impoundment (checked October 11, 2026)
- Arizona Revised Statutes § 28-1385 — Arizona State Legislature. Hearing request must be received within 30 days; first-offense suspension of at least 30 days followed by at least 60 days restricted (checked October 11, 2026)
- Arizona Revised Statutes § 28-1381 — Arizona State Legislature. First DUI: at least 10 consecutive days in jail (all but 1 may be suspended), fine of at least $250, two $500 assessments, mandatory ignition interlock (checked October 11, 2026)