"How much is this going to cost me?" is usually the second question after a DUI arrest, right behind "will I lose my license." It deserves a straight answer, and the straight answer is that it depends on a handful of things you can find out in one conversation. This page explains how DUI defense fees work so you can compare lawyers on something more useful than a headline price. It is part of our Montana DUI Guide.

How DUI Defense Fees Are Structured

  • Flat fee. One price for a defined scope of work. Common for misdemeanor DUI. Some lawyers set one fee through a plea or pretrial resolution and a second fee if the case goes to trial.
  • Hourly, against a retainer. You deposit an amount up front, the lawyer bills time against it, and you receive statements. More common for felony cases and cases with unusual complications.

What you will not find is a contingency fee. In an injury case a lawyer can be paid a share of the recovery. In a criminal case that is not allowed, because a lawyer's pay should never depend on the verdict. For the same reason, a guarantee of a particular result is a warning sign, not a selling point.

What Makes a DUI Case Cost More

  • The level of the charge. A first-offense misdemeanor, a second or third offense with mandatory jail, an aggravated DUI, and a felony fourth are very different amounts of work and risk.
  • A test refusal. It adds a separate district court proceeding with a 30-day deadline.
  • A blood test. Blood cases involve laboratory records and sometimes an independent analysis or an expert.
  • A crash, an injury, or a child in the vehicle. These can add separate charges.
  • Contested motions. Challenging the stop, the arrest, or the test requires briefing and an evidentiary hearing.
  • Trial. Preparing and trying a case to a jury is the largest single block of work in a DUI defense.
  • A commercial license or a professional license. When a career is tied to the outcome, the options that are acceptable narrow, and the case is more likely to be contested.
  • Where the case is. A court several counties away means travel time.

What a Fee Usually Covers, and What It Does Not

A defense fee generally covers the lawyer's work: reviewing the reports and video, appearing in court, negotiating with the prosecutor, and advising you. These are commonly separate, so ask about each:

  • the district court petition on a refusal suspension;
  • trial, if the fee is staged;
  • an appeal;
  • expert witnesses, an independent blood analysis, investigators, and transcripts;
  • court-ordered obligations, which are never part of a lawyer's fee: the fine, the assessment and classes, monitoring, an ignition interlock, and license fees.

That last group is its own budget. Our page on what a DUI costs lists the amounts Montana law sets.

Questions to Ask Before You Hire Anyone

  1. Is this a flat fee or hourly? If flat, what stage does it run through?
  2. Is the license petition included?
  3. What happens to the fee if the case goes to trial?
  4. Which costs are separate, and roughly when would they come up?
  5. Who will actually appear in court with me?
  6. How many DUI cases have you handled in this court, and have you tried one to a jury?
  7. What training do you have in field sobriety testing and breath or blood testing?
  8. Will I get the agreement in writing?

A lawyer who answers these plainly is telling you something about how the rest of the case will go.

Weighing the Fee Against What Is at Stake

The comparison that matters is not one lawyer's fee against another's. It is the fee against what a conviction costs. In Montana a DUI sentence cannot be deferred (MCA § 61-8-1011(4)), the conviction counts as a prior for at least 10 years, and expungement is not presumed. The fine, the suspension, and the classes are fixed costs of a conviction, and the effect on insurance and employment lasts longer than any of them. None of that means every case should be fought to trial. It means the decision to plead should be made after someone has actually reviewed the stop, the tests, and the evidence.

If You Cannot Afford a Lawyer

A DUI carries possible jail time, so a person who cannot afford counsel can ask the court to appoint a public defender. You make that request at your first appearance. Our page on whether you need a lawyer for a first DUI covers how eligibility works and how the options compare.

This page is general information about how legal fees work. It is not a fee quote or legal advice about your specific case.