When you’re facing potentially life-changing charges after being arrested under suspicion of DWI, money should be the last thing on your mind. But it often isn’t. Unfortunately, we understand that the cost of representation is often a major barrier to people getting the quality representation that they deserve. So, how much does an Austin DWI lawyer cost?
While your DWI lawyer will typically cost you anywhere from $2,000 to $10,000, the cost of your attorney fees probably pales in comparison to the cost a DWI conviction can have on your life.
If you’re convicted of a DWI, not only will you have to pay insanely steep fines and court fees, but you’ll have to live the rest of your life with a DWI on your record, which can impact future employment opportunities and your constitutional rights. With all this in mind, most people who have been charged with DWI agree that if you have the money for a quality DWI lawyer, there is no purchase more important.
If you or a loved one has been arrested under suspicion of DWI, your future hangs in the balance. Call the Austin DWI lawyers at Smith & Vinson today at 512-368-9044 and let us get you through it.
Do I need a lawyer for a DWI in Texas?
While you technically have the right to represent yourself in a DWI case, doing so is an incredibly bad idea if you want to win your case. Texas has some of the strictest DWI laws in the country, with serious consequences even for those charged with a DWI first offense in Texas.
A skilled DWI attorney brings a number of things to the table:
- They can sort through incredibly complex and technical DWI laws. From challenging the legality of traffic stops to questioning breathalyzer accuracy and calibration, these cases often involve intricate legal and scientific arguments — ones that you realistically can’t make yourself.
- They have relationships with prosecutors, judges, and other members of the court. They understand the landscape of the Austin courthouses and can navigate the system more efficiently than someone unfamiliar with the process.
- They understand the stakes, and they know what is possible. The potential consequences far outweigh the cost of competent legal representation. A good attorney may be able to negotiate reduced charges, minimize penalties, secure probation instead of jail time, or even get your case dismissed entirely, depending on the circumstances.
How much does a DWI lawyer cost in Texas?
The actual price of your DWI lawyer will depend largely on your charge and the quality of your lawyer. Most DWI lawyers in Texas use one of three fee structures:
- Flat fee. Many attorneys offer a flat fee for handling your DWI case through specific stages. For example, an attorney might charge $2,000 to handle your case through the plea bargain phase, with an additional fee if the case proceeds to trial.
- Hourly rates. Some attorneys bill by the hour, with rates typically ranging from $200 to $400, depending on experience and reputation. While this might seem more economical in simple cases, hours can add up quickly with court appearances, document preparation, and case research.
- Retainer plus hourly. Under this hybrid model, you pay an upfront retainer fee, against which the attorney bills their hourly rate.
While these averages don’t provide a very satisfying answer, we can give you an idea of how expensive your DWI lawyer might be based on common factors.
Factors that influence an attorney’s fee
While every case is unique, there are some commonalities that influence how much your DWI lawyer is going to cost you. Some of the factors that will likely impact your DWI lawyer’s fee include:
- Case complexity. Simple first-offense cases with straightforward evidence will cost less than complex cases involving accidents, injuries, or other aggravating factors. Each complicating factor increases the work required and thus the cost.
- Your criminal record. The more prior offenses you have on your record, the less likely judges and juries will play ball.
- Your attorney’s reputation and specialization. DWI attorneys in Austin who have a strong reputation for winning cases often charge slightly higher fees.
DWI fees other than your lawyer
Remember that your attorney's fee is just one small part of the total financial burden of being charged with a DWI. Some other costs included in the DWI process can be:
- Court costs and fines. You’ll have to pay hundreds to thousands of dollars in court costs even if you aren’t convicted of DWI. Fines and annual surcharges for convictions can be much higher.
- Bail bonds. Immediately after arrest, you may need to post bail, which typically ranges from $500 to $2,000 for a first-time DWI.
- Towing and impound fees. If your vehicle was towed following your arrest, expect to pay $150–$250 for towing plus daily storage fees.
- Alcohol education programs. Court-mandated education programs can cost up to a few hundred dollars.
- License reinstatement fees. Getting your license back after suspension typically costs a couple of hundred dollars.
- Ignition interlock maintenance. If you’re saddled with an interlock device, you’ll have to pay for installation and monthly monitoring fees.
- SR-22 insurance. Those convicted of DWI have to sign up for special, high-risk insurance that increases insurance premiums dramatically.
This doesn’t even get into how lost wages and lost opportunities can compound, making your life exponentially more difficult — and much of this happens before you’ve even been convicted of DWI.
DWI penalties and jail time
The more serious your DWI charge, the more your DWI lawyer's cost will increase — but so will the potential DWI penalties for conviction. A high-level look at what you can expect if you’re convicted for DWI in Texas is as follows.
Offense | Charge | Fine | Jail time |
DUI | Class C misdemeanor | Up to $500 | N/A |
First-offense DWI | Class B misdemeanor | Up to $2,000 | 3 – 180 days |
Second-offense DWI | Class A misdemeanor | Up to $4,000 | 30 days – 2 years |
Third- or fourth-offense DWI | Felony charge | Up to $10,000 | 2 – 10 years |
First-time DWI with BAC > .15% | Class A misdemeanor | Up to $4,000 | Up to 1 year |
DWI With Child Passenger | State jail felony | Up to $10,000 | 180 days – 2 years |
Intoxication Assault | Third-degree felony | Up to $10,000 | 2 – 10 years |
Intoxication Manslaughter | Second-degree felony | Up to $10,000 | 2 – 20 years |
Beyond these direct penalties, a DWI conviction creates a permanent criminal record that can affect employment, housing applications, professional licensing, and even international travel to certain countries.
Like we said, when you think about the cost of getting a DWI in Texas, the cost of your DWI lawyer often looks small compared to the cost of a DWI conviction.
What to do when you’re pulled over for DWI
Your actions during and immediately after your DWI traffic stop can seriously affect your case and determine your attorney’s available defenses. People often have a lot of questions about what to do when they’re pulled over for DWI. Do I have to do sobriety tests? Should I refuse a breathalyzer? Will it make me look guilty if I don’t answer their questions?
Not all of these questions have easy answers, but keep the following in mind if you’re facing a DWI arrest:
- Be polite, but don’t say too much. Provide your license and registration when requested, but avoid unnecessary conversation that could be used against you.
- Answer questions required of you. You have to answer questions about your name, date of birth, and address — but otherwise, you can invoke your right to remain silent.
- Field sobriety tests are optional. Taking sobriety tests won’t help your case, and they’re designed to make you fail.
- Breathalyzer refusal has its consequences. While you can refuse a breathalyzer test, doing so triggers an automatic license suspension and might lead directly to a blood test.
- Have a quality attorney on speed dial.
If the police want to arrest you, they’re likely going to do so. What you can do is make sure that you don’t give them more information than necessary, and that you have an attorney who knows how to beat a DWI in Texas waiting on the other side.
Protect yourself from DWI conviction with Smith & Vinson.
Don’t let a DWI lawyer’s cost keep you from getting the representation you deserve. If you’re facing tough charges, your choice of attorney is often the difference between winning your case or dealing with the harsh realities of conviction.
At Smith & Vinson Law Firm, we understand the serious nature of DWI charges and the impact they can have on your life. Backed by a team of former prosecutors and a former judge, we offer bold and trial-tested defense, whether you’re looking for a first offense DWI attorneyor a lawyer to defend you after an aggravated DWI.
Don’t face DWI charges alone. Call us today at 512-368-9044 or contact us online for a fast, free consultation.
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- What Must Be Proven for a DWI Conviction?
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- Problems With DWI Breath Test Machines in Texas