Most people pay a DUI lawyer a flat fee of $1,500–$4,000 for a first-offense misdemeanor DUI that does not go to trial. Lawyers who bill by the hour typically charge $200–$500 per hour, and a trial, a repeat offense or a felony DUI can push fees well above that range (Thumbtack, eLocal, Clio and Nolo data, as of October 2026).
Updated October 10, 2026. Source: Thumbtack + 4 more. National US figures; your state and case will differ.
Most DUI lawyers quote a flat fee rather than an hourly rate, so you know the price up front. The fee depends mainly on whether the case settles before trial, your record, and your state. If your state calls the offense DWI, see our DWI lawyer cost guide; for a first arrest, see the first offense DUI lawyer cost page.
How much does a DUI lawyer cost?
Typical attorney fees by fee structure, national ranges as of October 2026:
| Fee arrangement or scenario | Typical cost | When it applies |
|---|---|---|
| Flat fee, first-offense misdemeanor (no trial) | $1,500–$4,000 | The most common way DUI lawyers charge; covers arraignment, negotiation and a plea or dismissal |
| Hourly rate | $200–$500 per hour | More common for complex cases; state averages for criminal lawyers run about $305–$347 per hour in Illinois and California |
| Trial | Separate fee on top of the pretrial fee | Many lawyers charge a second flat fee or bill hourly if the case goes to trial |
| Repeat offense or felony DUI | Above the first-offense range | More court time, higher stakes and possible jail or prison exposure |
| Public defender | Free or low cost | Available if you qualify financially; rules vary by county |
Average hourly rates for criminal and traffic lawyers in selected states (2025)
Clio's Legal Trends data shows how much rates vary by state:
| State | Criminal (avg. per hour) | Traffic offenses (avg. per hour) |
|---|---|---|
| California | $347 | $341 |
| Illinois | $305 | $444 |
What a first DUI can cost in total (illustrative example)
Lawyer fees are only part of the cost. This example combines a mid-range flat fee with the average costs readers reported to Nolo's DUI survey (a 2022 survey; your state's fines and fees may be higher or lower):
| Item | Amount | Notes |
|---|---|---|
| Attorney flat fee (first offense, no trial) | $2,500 | Middle of the typical $1,500–$4,000 range |
| Court fines and fees | $1,100 | Survey average; fines vary widely by state |
| DUI classes or substance abuse course | $360 | Survey average |
| DMV and license reinstatement fees | $260 | Survey average |
| Car insurance increase, first year | $800 | Survey average per year; higher rates usually last several years |
| Illustrative first-year total | $5,020 |
What changes the price
- Plea or trial. A case that ends in a plea deal or dismissal costs far less than one that goes to trial, which can add a second flat fee or many billable hours.
- Prior offenses. A second or third DUI usually means higher fees because penalties are harsher and the defense is more involved. See our guides to 2nd DUI and 3rd DUI lawyer costs.
- Misdemeanor or felony. Aggravating factors such as an injury, a very high blood alcohol level or a child in the car can turn a DUI into a felony, which costs considerably more to defend.
- Separate license hearing. Many states run an administrative license-suspension hearing at the DMV in parallel with the criminal case; some lawyers include it in the flat fee and others charge extra.
- Experts and evidence. Challenging breath or blood tests may require independent testing or expert witnesses, billed on top of the lawyer's fee.
- Location and experience. Rates are higher in big cities and high-cost states, and DUI specialists with long track records charge more than general practitioners.
How to save without sacrificing quality
- Ask whether you qualify for a public defender before hiring privately; eligibility depends on your income and county rules.
- Compare at least three flat-fee quotes and check exactly which stages each one covers (arraignment, motions, DMV hearing, trial).
- Ask for a bifurcated fee, where you pay the trial fee only if the case actually goes to trial.
- Ask about payment plans; many DUI lawyers take a deposit and spread the rest over the case.
- Don't choose on price alone: a cheaper lawyer who pleads every case quickly can cost you more in fines, insurance and license time than you save.
Related questions people ask
How much does a DUI attorney cost on average?
Expect about $1,500–$4,000 in flat fees for a typical first-offense DUI without a trial. Nolo's readers reported spending about $1,900 on average in attorney fees and expenses, a figure that includes people who used public defenders.
What are typical DUI lawyer fees per hour?
Hourly DUI and criminal defense rates commonly run $200–$500 per hour. Clio's 2025 data puts the average criminal lawyer at about $305 per hour in Illinois and $347 in California.
How much does a DUI defense attorney cost if the case goes to trial?
A trial usually adds a second fee on top of the pretrial fee, either a separate flat fee or hourly billing for preparation and court days. Ask for the trial price in writing before you sign.
How much does a good DUI lawyer cost?
Experienced DUI specialists usually sit at the upper end of the flat-fee range or above it, especially in large cities. A higher fee often reflects more time spent on motions, evidence review and the DMV hearing.
Can I find a low-cost DUI attorney?
Yes. Options include public defenders (if you qualify), legal aid organizations, lawyers who offer payment plans, and newer attorneys who charge less. Compare what each quote covers rather than only the headline price.
What to get in writing: the fee agreement
Before you pay anything, get a written fee agreement that answers these questions:
- Is the fee flat or hourly, and exactly which stages does it cover (arraignment, pretrial motions, DMV hearing, plea, trial, sentencing)?
- What does a trial cost if the case doesn't settle?
- Which expenses are extra, such as expert witnesses, independent blood testing, investigators or transcripts?
- How much is due up front, and is any of it refundable if the case ends early?
- Who will handle your case day to day, and will the lawyer you met attend your court dates?
FAQ
Is it worth hiring a lawyer for a first DUI?
Many people do, because a lawyer can review the stop and the testing, handle the license hearing and negotiate penalties. Whether it is worth it depends on the evidence and your state's penalties; many lawyers offer a free first consultation.
Do DUI lawyers offer payment plans?
Many do. A common arrangement is a deposit up front and the rest in installments before the case ends. Get the schedule in your fee agreement.
Can a DUI lawyer charge a contingency fee?
No. Contingency fees are generally not allowed in criminal cases, so DUI lawyers charge flat fees or hourly rates.
Does the lawyer's fee include court fines?
No. Fines, court costs, classes and DMV fees are separate, and you pay them even with a lawyer.
More Criminal & DUI guides
Related fee guides
Sources
- Thumbtack — How much will your DUI attorney cost? (accessed Oct 2026). Checked October 10, 2026.
- eLocal — How Much Does a DUI Lawyer Cost? (accessed Oct 2026). Checked October 10, 2026.
- Clio Legal Trends — Lawyer rates in Illinois (updated Mar 2026). Checked October 10, 2026.
- Clio Legal Trends — Lawyer rates in California (updated Mar 2026). Checked October 10, 2026.
- Nolo / DrivingLaws — How Much Does a First Offense DUI Cost? (updated Oct 2022). Checked October 10, 2026.
Fee figures are estimates and vary by state, lawyer and case. See our methodology and editorial policy. Browse all criminal & dui fee guides.