Fees
Let’s talk money. I cringe at the amounts some people pay for drunk driving defense. With the exception of those cases being fought at a trial, this kind of case should not be a bank-breaker. Let me get to what I charge first, and then we’ll talk about what I do for those fees in the section entitled “What do you get for your money?”
In a First Offense Drunk Driving Case, where there has been no accident causing serious injury to another person (those cases are felonies and are charged as Driving While Intoxicated Causing Serious Injury) my fees, depending on what court the case is being brought in, range from $950.00 to $1200.00. The usual payment plan calls for ½ ($450 to $600) down, as a retainer, and the second half paid prior to the conclusion of the case, usually about a month after our first court date.
Second Offense Drunk Driving cases, not involving a serious injury to another person, my fees range from $1200.00 to $1500.00. The payment plan is the same as in first offense cases.
Third Offense Drunk Driving cases are felonies. A recent change in the Drunk Driving laws as of early 2007 allows Prosecutors to charge a person with a third offense felony for any third offense within the driver’s lifetime. That means if a person had a prior offense 27 years ago, and other 17 years ago, a current charge can be brought as a felony.
The whole character of a Drunk Driving case is different if it’s charged as a felony. My fees in these cases range from $2400.00 to $3600.00. Because felony cases ultimately are handled in the County’s Circuit Court and not the District Court where the charge was first brought, the variations in the fees are broken down differently.
Typically, I begin with the first ½ ($1200 to $1800) down, and the remaining half is broken into two more equal payments, the first of those ($600 to $900) due at the first court date in the County’s Circuit Court, and the second and last due ($600 to $900) prior to the second Circuit Court date.
Now let me share some good news. In some felony Drunk Driving cases, mostly in Macomb County, it is possible to have the charge reduced from a felony to a misdemeanor if the person has had only two prior Drunk Driving cases in their lifetime. If that can be done at the local district court where the case is first brought, then the initial retainer of half down is the whole fee. There is no more money to be paid. For what it’s worth, that possibility seldom to never exists in the other counties where I practice.