What Does a DUI Cost?

In a Davidson County DUI case, fines along with court costs, probation and DUI school fees often exceed $1000. It costs much more for those cases that progress to Criminal Court. Costs will increase considerably for those few cases that proceed all the way to a jury trial. Currently court costs for a DUI case settled in Davidson County General Sessions Court total $654.00. You can add $17.50 if you refused the breath test. The fine for a DUI-first is $350, a second $600, and a third $1100. If your case is reduced to Reckless Driving, the court costs are reduced to $346 for probation of six months or $466 for probation of twelve months. There is a $35 fee if you used pre-trial release for your bond. The fine for reckless driving is $250, but many times that is raised to $350 in cases that are reduced from DUI to reckless driving.

In all DUI cases, even those reduced to Reckless Driving, the Court or the law requires attendance at an Alcohol Safety School. For those found guilty in Nashville, this entails a twenty hour PRIME for Life program which costs between $180 and $270. If you sign up before arriving to serve your jail time you can take the course while you do your time. In addition to the school there will be a “Clinical Interview.” At the clinical interview, a determination is made as to whether you are harmfully involved with chemicals or at risk for mental health problems. If the interviewer determines that you need additional treatment, you will also be responsible for the treatment fees.

One of the most expensive aspects of a DUI conviction often comes in the form of increased insurance premiums. Those convicted of a DUI-first have a right to obtain a restricted driver’s license which allows them to travel to and from work or school. In order to qualify, you must provide proof of a special type of high-risk liability insurance commonly known as SR-22. Logically, this insurance is not cheap. Unfortunately, you must carry this insurance for three years after you are found or have plead guilty to DUI.

Attorney’s fees can range anywhere from $400 to $15,000 depending on the complexity of the case, the expectations of the client and the attorney’s reputation and experience. Nashville has many attorneys regularly representing persons charged with Driving Under the Influence. Each has a different price schedule and style of representation. Some attorneys require a retainer large enough to proceed all the way to trial. Some charge by the hour, while others charge a flat rate for each stage of the proceedings.

I generally charge a flat fee for each stage of the proceedings. A substantial number of cases that we handle settle at the earlier stages. In Nashville DUI cases, our fees generally range from $1000 to $1500 for representation in General Sessions court proceedings. For representation in Criminal Court, I usually charge somewhere between $1,000 and $2,500 more. A full-blown jury trial can add an additional $1000 to $10,000 to the attorney’s fees. It’s important to understand that attorney’s fees are going to be based upon many factors. The facts of the case, the expectations of the client and even the time of year affect how much I charge.I usually am able to quote a fee after a short telephone conversation. In some cases there could also be deposition fees, court reporter fees, investigator fees, independent blood analysis and expert witness fees.

In many of Nashville’s DUI cases, an experienced Defense Attorney can determine quite early what the best result in any particular case will be. In most cases, after determining which officer made the arrest (See “Nashville’s DUI Officers”), whether or not the defendant took a breath or blood alcohol test, what the result was, and a few other circumstances concerning the arrest, an experienced DUI attorney should be able to determine the best plea-settlement offer that the Assistant Attorney General can make. In Nashville, there are certain parameters within which the State’s Attorneys must abide. If cases with certain factors are reduced without a very good basis, heads are going to roll. These parameters change often. An experienced Nashville DUI attorney must keep up with these changes in order to properly represent their clients.

Nearly 98% of DUI cases in Nashville settled due to a plea bargain. A vast majority of those that did not enter a plea bargain eventually lost their case at trial and went to jail after being found guilty. Not only did they endure the mental grief of the long, drawn-out court process, but they paid a lawyer thousands and thousands of dollars. I believe that much of whether a case is going to go to trial is established early by the posture that the Defense Attorney assumes. If you jump into the ring swinging, the ego’s rise, and it becomes a competition between the Defense Attorney and the District Attorney. My philosophy has always been that you shouldn’t play if you can’t win. Losing just costs to much.