Author Archives: Canterbury Law Group

What can a DUI attorney do to help you fight your charge? With your future freedom in jeopardy it is a very important question because with a seasoned DUI attorney on your side, you will not have to struggle with complex legal aspects of your case and complicated court proceedings. Read on to learn more about how a DUI lawyer can best represent you.

Advise You to Keep Quiet When It Counts

Sometimes what you do not say means more than what you say. A competent DUI attorney will tell you when you should speak and when you should not. They may also suggest you do not take the stand to avoid interrogation by the prosecution.

Know the Local Courts Inside And Out

Inevitably, your DUI attorney will be far more knowledgeable regarding legal and courtroom procedures. You can also decide to use the services of an attorney with an ample background of dealing with juries, local judges and the local court rules in the area you live.

Keep Track Of Legal Deadlines, Filings

There are multiple steps in DUI proceedings that may be easily overlooked. For example, there may be a time limitation on when you can request footage from a police car dashcam that may be crucial to your case. There are also many motions that must be filed in a certain order and in a timely manner and your lawyer is the one person who is best suited and experienced enough to make sure these filings are submitted prior to the deadlines from the court.

Negotiate With Tough Prosecutors

Local prosecutors will speak and work with your DUI attorney to discuss possibilities of plea bargains or alternatives to spending time in jail. The credibility of DUI attorneys are trusted by those in the court system. Indeed, many prosecutors will not even attempt any form of negotiation with a person who has decided to defend themselves.

Help to Expunge Your Conviction

Local prosecutors also often work with DUI attorneys with the potential of getting your conviction expunged so it does not impact your future employment prospects or your credit score. These procedures are very laborious and very individual to local and state court and they must be followed exactly.

Source: Snider, Brett. “5 Things a DUI Lawyer Can Do (That You Probably Can’t).” Findlaw, 21 Mar. 2019, https://blogs.findlaw.com/blotter/2014/04/5-things-a-dui-lawyer-can-do-that-you-probably-cant.html.

The average total costs for a DUI Lawyer is $6,500 with prices varying from $5,000 to $8,000 in the USA for 2019-2020. In basic terms, you can expect the lawyer fee on its own to be an average of $1,900 with the rest being made up of additional charges. Obviously, the fee will vary depending on whether you choose to accept some kind of plea or go to trial. In cases where you go the route of accepting a plea, expect to pay an average of $1,100 with costs varying from as little as $700 to $1,500 and should you prefer to go to trial, expect an average fee of $2,750 with costs ranging from $1,500 to $4,000 for the US in 2019-2020. In cases of a more extreme nature, you can expect to pay upwards of $10,000.

It usually takes six to twelve months for the case to reach a point of resolution from the initial arrest. The total price of the DUI may become very substantial with more than just lawyer fees to consider, hence it is essential to seek legal advice to costs and any penalty fees associated with the case can be minimized. Consider the trial may go on for longer than at first anticipated and there may be additional specialist reports to review as well as additional witnesses to step forward.

DUI Attorney Fee Structures

DUI Attorneys usually work on a flat or hourly rate of pay. For example, a flat fee will usually cover the entirety of your case, many attorneys offer a payment plan, but you can expect at least $3,000 in fees. Usually an attorney will agree to this option when they think a plea can be negotiated as opposed to a trial that will be costly. Conversely the average hourly rate is around $300 per hour but prices may range anywhere between $200 and $500 per hour. On the upside if the case reaches a speedy resolution, you will not be out of pocket too much.

Do I Need A DUI Lawyer For My First Offense?

Self-representation will require an enormous learning curve to negotiate regarding criminal trial procedures and the legal system, and likely will put you at an enormous disadvantage. Also, judges tend not to be tolerant of self-representation.

Additional Attorney Costs To Resolve Your DUI

The punishment for a DUI depends on the state where the DUI was committed. Besides the possibility of facing jail time and the fees from lawyers, it is of great importance you know of the following costs and consequences with a DUI.

DUI Fines

A set fine will have to be paid when you have been charged with a DUI. If this is your first DUI you can look at paying an initial fine of $300 to $2,000 and fines will be higher, for example, if you were driving with a minor in the vehicle. If another person has been injured as a result of your DUI that can escalate to in excess of $5,000 in fines.

Court Defense Costs, Penalties & Fees

You will also need to think about the following fees, penalties and court costs when deciding how to proceed. While prices vary dependent on the unique facts of every situation, here are some ballpark amounts for your consideration:

• Up to $250 for sentencing and $100-$1,000+ in probation fees.
• Between $100 and $1,000+ for automobile impound and towing fees.
• Between $1,000 and $2,500 fees for driver responsibility.
• Approximately $100 for mandatory drug screening, is ordered.
• Anywhere between $100 and $2,500+ to get yourself bailed from the jail.

DUI Classes Cost

$100 to $500 will be the cost of classes depending on the rules the state has for such.

DMV Fees

Usually a DUI results in a license being suspended. The reinstatement fee can depend on your state but is often in excess of $125.

Insurance

You can expect your insurance premiums to go up simply because you will be considered a driver at high risk by the insurance company and that is if they decide not to cancel your coverage totally. Normally, you can expect to pay between double and treble their usual insurance rates. In some states, the cost can be in excess of 300%.

Ignition Interlock Devices

This is a breathalyzer that will not allow operation of your vehicle until you have blown into it. Installation runs around $100 together with a monthly fee ranging from $60 to $80. Depending on the terms of your sentence, you may have to keep this device on the car for a considerable period of time.

Impound And Towing

When you have been arrested for a DUI, the car is first towed and then impounded. Often the tow fee is around the $150 range and impounding cab run $50 or more per day.  So go get your car picked up.

2nd DUI Lawyer Cost

The average cost to hire a lawyer for a 2^nd DUI offense is about $6,600 with average lawyer fees ranging from $5,000 to $10,000 in the US for 2019 according to Lawyers.com. The average case duration took 7.6 months with time frames ranging from 5 to 12 months. A recent nationwide survey evaluated the duration, cost and the results for defendants facing a DUI case when they already have prior convictions for the same offense. In this post, you can learn what was discovered.

3rd or 4th DUI Lawyer Cost?

The average cost to hire a lawyer for a third or fourth DUI offense is about $7,300 with average lawyer fees ranging from $6,000 to $12,000 in the US for 2019 according to Lawyers.com. The average case duration is about 7.8 months but ranges from 5 to 12 months.

Source: 2019 DUI Lawyer Costs: Average DUI Attorney Fees.” Thervo, https://thervo.com/costs/dui-lawyer-cost.

“Driving Under the Influence” (DUI) is the official term used in Arizona while some other states use the term “Driving While Intoxicated” (DWI.) The two terms have become synonyms for each other and refer to drugged or drunk driving.

The DUI laws of Arizona explicitly forbid the operation of any form of motor transport in these circumstances:

• When the operator of the vehicle has a blood alcohol content (BAC) of 0.8 or more
• When they are under the influence of alcohol or drugs if the driver is to the slightest degree impaired

There is what is known as a “Not a drop” law in the state of Arizona. It states drivers under the of twenty-one years cannot drive with any amount of detectable alcohol in their body. Colloquially this is known as a “baby DUI.”

Incidentally the law includes what is defined as being in control of a motorized or electric vehicle as well as operating or driving a vehicle. The purpose is to prevent drunk driving prior to it commencing.

Arizona DUI Penalties

In Arizona, the circumstances of each case will determine the penalties for a DUI including the amount of previous convictions the individual may have as well as the blood alcohol content of the driver.

Impaired DUI (Blood Alcohol Content ranging from .08 to .149%)

• Jail: The minimum term is 10 days but is subject to all but 1 day or twenty-four hours may be suspended on the completion of screening for alcohol
• Fines: Minimum of $1,480
• Suspended License: Minimum for 90 days
• Ignition Interlock Device: 1-year mandatory (with a possible 6-month reduction)

Extreme DUI (Blood Alcohol Content ranging from .15 to .199%)

• Jail: The minimum term is 10 days but is subject to all, but 9 days may be suspended on the completion of screening for alcohol
• Fines: Minimum of $3,000
• Suspended License: Minimum for 90 days
• Ignition Interlock Device: 1-year mandatory

Super Extreme DUI (BAC of at least .20%)

• Jail: The minimum term is 45 days but is subject to all, but 14 days may be suspended on the completion of screening for alcohol
• Fines: Minimum of $3,250
• Suspended License: Minimum for 90 days
• Ignition Interlock Device: A mandatory 1-year term as a minimum

Further DUIs

Unquestionably Arizona has very harsh penalties for repeat offenders:

Impaired DUI

• Jail: The minimum term is 90 days and 30 of those must be served on consecutive terms but is subject to all, but 30 days may be suspended on the completion of screening for alcohol
• Fines: Minimum of $3,000
• Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
• Ignition Interlock Device: A mandatory 1-year term as a minimum

Extreme DUI

• Jail: Minimum of 120 days (60 served consecutively)
• Fines: Minimum of $3,250
• Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
• Ignition Interlock Device: A mandatory 1-year term as a minimum

Super Extreme DUI

• Jail: Minimum of 180 days (90 served consecutively)
• Fines: Minimum of $4,250
• Suspended License: At least 1 year however an individual may be able to obtain what is known as a restricted license after forty-five days if an ignition interlock device is installed
• Ignition Interlock Device: A mandatory 1-year term as a minimum

You should also know a third DUI represents a felony offense and carries a mandatory and minimum prison sentence of four months as license revocation for a minimum of one year, an IID requirement for a minimum of two years and in excess of $4,000 in assessments and fines.

Refusing a Breath Or Blood Test in Arizona And Implied Consent

The “implied consent” law on the books in Arizona states following a DUI arrest all drivers must, without exception, provide a breath or blood test. To refuse to do so will be penalized thus:

• Suspended License 1^st offense: 1 year
• Suspended License 2^nd offense: 2 year

Source: Egan, Joshua. “Arizona Drunk Driving Laws and Penalties.” Dui.drivinglaws.org, Nolo, 15 Oct. 2018, https://dui.drivinglaws.org/arizona.php.