Minimize DUI Costs

A conviction for driving under the influence of alcohol or drugs (DUI) can lead to jail time, stiff fines, court fees, and insurance increases. If you are charged with DUI, you can take steps to help minimize these costs. You can try to minimize legal fees by keeping legal costs low, trying to negotiate a lesser charge or penalty reduction, or by going through an approved diversion program.

Steps

Analyzing the Cost of a DUI

  1. Consider insurance premium increases. The single largest cost associated with getting convicted of a DUI is your car insurance. In every state, you are required to have a minimum amount of car insurance in order to drive. The cost of that insurance will vary from state to state. When you are convicted of a DUI, your insurance company will increase your premiums to take account of your increased risk. These premium increases can cost you thousands of dollars a year.
    • For example, in California, it is estimated that a DUI conviction for a teen will cost them around $40,000 in increased insurance premiums over 13 years.[1]
  2. Think about DUI classes. When you get convicted, the court will most likely make you take classes as part of your punishment. These classes are meant to teach you about the dangers of driving under the influence and how alcohol affects your body. If classes are required, the court will make you pay for them out of your own pocket.
    • For example, in California, a DUI class runs about $650.[2]
  3. Add up the towing and storage fees. After you are arrested and charged with a DUI, you will not be able to continue driving your vehicle. Therefore, police will have to have it towed and impounded. When police do this, they will send you the bill.
    • In California, for example, the towing and storage fee is around $137 per day, and your car is usually impounded for a minimum of five days. Therefore, the total cost associated with this aspect of a DUI is around $685.[3]
  4. Calculate fines and attorney fees. DUI convictions carry heavy fines, usually in the thousands of dollars. Each state will have different amounts. In addition to court ordered fines, you might choose to hire a lawyer to help you through the legal process. If you do so, this will cost money as well.
    • In California, it is estimated that legal fees and fines add up to about $4,000 in a DUI case.[4]
  5. Assess fees you will have to pay the Department of Motor Vehicles (DMV). A lot of states will automatically suspend your drivers license when you are arrested for DUI or if you refuse to take a breathalyzer test. If your license is suspended as a result of a DUI, you will have to pay the Department of Motor Vehicles (DMV) to get it reinstated.
    • In California, the DMV reinstatement fee runs about $100.
    • In total, with every cost considered, a DUI can cost you around $45,435.[5]
  6. Determine possible non-monetary costs. Apart from money, a DUI can lead to a lot of consequences that cannot be monetized. These costs should also be considered when you are attempting to minimize your DUI footprint. For example, your license will be suspended and you will not be able to drive, you might spend time in jail, you could be put on probation, you will have to spend a significant amount of time in court, and you might hurt someone.[6]

Keeping Legal Costs Low

  1. Shop around for an affordable lawyer. When you are first arrested and charged with DUI, your first thought might be to hire the most expensive lawyer in town to help you. However, while the cost of a lawyer often correlates with their experience and expertise, it is not always true. In fact, if you search diligently, you can often find a great lawyer at an affordable price. When you start your search, ask family and friends for recommendations. This will help you avoid hiring a lawyer you know nothing about. When friends give you ideas, ask about the cost of the lawyer's services.
    • Once you find a few candidates, sit down with each one and discuss your case. If your case is straightforward (e.g., you are going to plead guilty or enter diversion), your lawyer might only charge you a small flat fee.
    • In more complex cases, the lawyer might charge by the hour. If this is the case, try to negotiate a reasonable fee. If you really like the lawyer but their fees are too high, ask if you can pay with property instead of cash. Some lawyers will accept cars, art, and other pieces of property in lieu of cash payments.
  2. Assess the strength of your case honestly. If the lawyer you hire is being paid by the hour, sit down with them early and discuss your case. The complexity of your case will depend on the facts surrounding your DUI arrest. If you admitted to being intoxicated and you took a breathalyzer test that proved it, you may want to consider diversion or pleading guilty to a lesser charge. The earlier you do these things, the less your lawyer fees will be.
    • However, if you have a strong case because the police improperly collected evidence or in some other way made a mistake, it may be worth the extra legal fees to fight your DUI. If you win, the extra legal fees may be offset by the amount of money you save in insurance premiums and court fines.
  3. Listen to your lawyer. One of the best ways to minimize legal fees is to listen to what your lawyer says while they are representing you. If your lawyer tells you that you do not have a strong case and you should consider diversion, do not keep paying your lawyer to fight the case. On the other hand, if your lawyer tells you you have a strong case, do not plead guilty just to stop paying your lawyer.
    • Paying attention to your lawyer's advice can help you avoid unnecessary costs while making strategic legal choices.

Negotiating a Charge or Penalty Reduction

  1. Talk with your lawyer. Soon after you are charged with a DUI and you hire a lawyer, you need to sit down with them and discuss your case. Your lawyer will talk with you to determine the strength of the government's evidence, defenses you might have available, and the risks of getting convicted of DUI. Based on these factors, your lawyer will decide whether you might have a good chance at getting a plea deal. In general, there are two types of plea deals you can make.
    • First, your lawyer can help you plead guilty to a lesser offense in exchange for the prosecution dropping the DUI charge. In a lot of cases, you will have to plead guilty to something like reckless driving.
    • Second, if the prosecution is moving forward with the DUI case, your lawyer can try to negotiate a reduced fine and/or sentence.[7]
  2. Analyze the strengths and weaknesses of your case. During the early stages of strategizing, you and your lawyer will have to assess your case's likelihood of success. The stronger the prosecution's case is against you, the more you will want to make a deal. However, when the prosecution's case is strong, it also means they will not need to concede as much during plea negotiations. Therefore, the more you and your lawyer understand about your case, the more prepared you will be when you start negotiating.
    • The prosecution will have a strong case if you made some admission of guilt, you took a breathalyzer test that showed you were intoxicated, and the evidence shows that law enforcement followed procedure. In addition, the higher your blood alcohol content (BAC) was, the weaker your case will likely be.
    • You will have a strong case if you invoked your right to remain silent early, you refused a breathalyzer test, and when the evidence shows some misconduct or shortcoming on the part of law enforcement.[8]
  3. Approach the prosecutor. Your lawyer or the prosecutor may initiate plea negotiations. If your lawyer is initiating, have them call the prosecutor and set up a time to meet. Before the meeting, make sure your lawyer is preparing by looking over sentencing guidelines and other court materials. These things will give your lawyer an idea of what the prosecutor might say. In turn, this will help your lawyer make convincing counter arguments and suggest a reasonable solution.
  4. Make reasonable compromises. Remember that the prosecutor does not need to agree to anything. While the prosecutor might have a motivation to save court costs and free up time, if you do not make reasonable concessions, the prosecutor will likely walk. Again, this is why it is so important to understand the strength of each side's case. The stronger the case is against you, the more you will have to concede.
    • However, do not give up everything. If your case is moderately strong and the prosecutor is trying to bully you into a bad deal, you can always say no.[9]
  5. Get the plea deal in writing. When a deal is reached, make sure you get it in writing and make sure it covers absolutely everything. Most prosecutors will have to get deal approved by supervisors, which can take some time. If you fail to negotiate a complete deal and the prosecutor has to ask for approval more than once, you could be wasting time and the supervisor may be less willing to accept it.
  6. Avoid common mistakes. During plea negotiations, try not to show your entire hand. Avoid laying out your entire litigation plan and telling the prosecutor how you plan to fight the case. When you do this, the prosecutor may take a deal off the table because they will know exactly how strong your case is. Additionally, never admit guilt during negotiations.[10] While a lot of courts will not allow that type of statement to be used in court, it could indicate to the prosecutor that you have a weak case.
  7. Hold up your end of the agreement. If the judge signs off on your plea agreement, you will have hopefully minimized the cost of your DUI. When your plea deal dictates that you pay smaller fines, make sure you pay those fines on time and in full. When your plea deal dictates that you plead guilty to a lesser offense, make sure you do so.
    • If you fail to hold up your end of the agreement, the plea deal could be revoked and you could face the full DUI charge and possible penalties.

Submitting to a Diversion Program

  1. Check your eligibility. A lot of states offer diversion programs to help cut certain people a break. Diversion can be legally advantageous because it allows you to have your DUI dismissed so long as you comply with your agreement with the court. In addition, while diversion costs a significant amount of money, it is undoubtedly cheaper than being convicted. However, not everyone is eligible for diversion programs. For example, to be eligible for diversion in Oregon:[11]
    • You must not have had a DUI in the last 15 years
    • Your current DUI must not involve injury to others
    • You must not have a commercial drivers license
    • You must have appeared for all court dates
    • You must have filed a petition for diversion within 30 days of your first appearance in court
  2. Pay required court fees. When you request diversion, you are entering into an agreement with the court. In exchange for a dismissal, you have to do certain things the court may require. In Oregon, the first thing you must do is pay $490 in diversion fees. If you cannot afford these fees, talk to the judge. They may have the ability to waive a portion of the fee if you qualify.[12]
  3. Complete an alcohol and drug assessment. The court might also require you to get checked out by a prevention specialist. During these assessments, counselors will determine whether you have an addiction to alcohol and/or an alcohol abuse problem. The court will require you to be truthful during these assessments and if you are not, the court can cancel your diversion.
    • The court will also require you to pay for this assessment. In Oregon, the assessment fee is $150.[13]
  4. Complete a treatment program. If your assessment determines you have an alcohol problem, you will be required to enter treatment. During treatment you will work with addiction specialists to try and get your alcohol problem under control. You will be required to pay for any treatment you receive. The cost of your treatment will depend on the length and intensity of your program. For example, an in-patient program will be more expensive than an out-patient one.
    • If you cannot afford to pay for treatment, talk to your judge. They will determine how much you will have to pay and whether any portion of the fee can be waived.[14]
  5. Attend a victim impact panel. As part of your diversion agreement, you will probably have to attend a discussion about how driving under the influence can affect others. Most of the panels will include speakers who are past DUI offenders, often ones who have injured or killed others because of their actions. Each panel member will speak about their experience and how the DUI has affected their lives. After the discussion is over, you will usually be able to ask questions and make comments.[15]
    • In Oregon, you will be required to pay to attend the event. The cost can range anywhere from $5 to $50.[16]
  6. Comply with certain state laws prohibiting the use of intoxicants. Throughout your diversion period, which can last 180 days or longer, you must comply with all laws concerning the use of illegal substances. Regardless of what type of DUI you were charged with, you must refrain from using drugs like cocaine and marijuana. While it may or may not be illegal to use these drugs in your state normally, the rules are more strict when you are in diversion.[17]
    • If you fail to stay away from drugs, your diversion privilege will be revoked and you will not receive a refund for anything you have completed prior to being kicked out.
  7. Do not use alcohol during your diversion period. During diversion, you will also not be allowed to drink any alcohol. However, there are a few limited exceptions. For example, you can drink sacramental wine given to you as a part of a religious ceremony. You will also be able to take any drug, including alcohol, if it is taken pursuant to a valid prescription.[18]
    • If you fail to stay away from alcohol, your diversion might be revoked and you will not receive a refund for any money you paid up to this point.
  8. Install an ignition-interlock device in your car. Some states, for example Oregon, require you to use an ignition-interlock device in order to drive. These systems require you to take a breathalyzer test prior to turning on your car. If you do not have any driving privileges, you will not have to install one of these systems.
    • You will have to pay to have the system installed. You will also have to pay leasing fees and maintenance fees. If you cannot afford these fees, talk to your judge. They may be able to waive some or all of the fees depending on your circumstances.[19]
  9. Get your DUI charge dismissed. Throughout the diversion process, the court will put your DUI case on hold. If you comply with all of the diversion requirements, the court will dismiss the DUI charge. Most people can complete the diversion program in around 180 days.
    • In total, diversion might cost around $4,000. However, this is a lot less than the $45,000 it might cost if you are convicted.

References

  1. ↑ http://www2.courtinfo.ca.gov/stopteendui/parents/cost/how-much-does-a-dui-cost.cfm
  2. ↑ http://www2.courtinfo.ca.gov/stopteendui/parents/cost/how-much-does-a-dui-cost.cfm
  3. ↑ http://www2.courtinfo.ca.gov/stopteendui/parents/cost/how-much-does-a-dui-cost.cfm
  4. ↑ http://www2.courtinfo.ca.gov/stopteendui/parents/cost/how-much-does-a-dui-cost.cfm
  5. ↑ http://www2.courtinfo.ca.gov/stopteendui/parents/cost/how-much-does-a-dui-cost.cfm
  6. ↑ http://www2.courtinfo.ca.gov/stopteendui/parents/cost/how-much-does-a-dui-cost.cfm
  7. ↑ http://dui.drivinglaws.org/resources/dui-and-dwi/dui-plea-bargain.htm
  8. ↑ https://www.nolo.com/legal-encyclopedia/dealing-with-dui-or-dwi-30322.html
  9. ↑ http://dui.drivinglaws.org/resources/dui-and-dwi/dui-plea-bargain.htm
  10. ↑ http://dui.drivinglaws.org/resources/dui-and-dwi/dui-plea-bargain.htm
  11. ↑ http://courts.oregon.gov/Jackson/pages/duidiversions.aspx
  12. ↑ http://courts.oregon.gov/Jackson/pages/duidiversions.aspx
  13. ↑ http://courts.oregon.gov/Jackson/pages/duidiversions.aspx
  14. ↑ http://courts.oregon.gov/Jackson/pages/duidiversions.aspx
  15. ↑ http://courts.oregon.gov/Jackson/pages/victimsimpactpanel.aspx
  16. ↑ http://courts.oregon.gov/Jackson/pages/duidiversions.aspx
  17. ↑ http://courts.oregon.gov/Jackson/pages/duidiversions.aspx
  18. ↑ http://courts.oregon.gov/Jackson/pages/duidiversions.aspx
  19. ↑ http://courts.oregon.gov/Jackson/pages/duidiversions.aspx
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