What Are DUI Court Costs?
One of the more frequently asked questions that I get is "what are court costs and why do I have to pay them?" To understand court costs, understanding that there are several components that go into the cost of a DUI charge gives you a better understanding. To boil it all down, the cost of being charged with DUI generally falls into four categories: administrative fees, lawyer fees, court charges imposed by the city and/or county, and fines.
Administrative Fees
These fees are the government’s way of making sure you pay to file your case and have your blood/urine results analyzed. In addition, there is an administrative fee that goes to the Georgia Crime Victims Compensation Fund. This is the fund of money available to give to victims of violent crimes in order to pay for medical expenses and lost wages, etc. These fees can add up to many hundreds of dollars, and they are just the beginning.
Lawyer Fees
Lawyer fees are variable. If you have a public defender, they get paid no matter what, however, they have a huge load of cases. This means that they will look to resolve your case quickly out of necessity. My DUI fee structure is outlined at my law firm’s website, www.georgiacriminaldefenseattorney.com/pricing. I know I am not the lowest cost DUI attorney out there. That said, I know I do good work, and I fight for my clients and make sure they understand their options every step of the way.
City and County Charges and Fines
Most counties have charges for filing an individual case. Under OCGA ยง15-6A-2 , the Clerk’s fee for filing a misdemeanor case is $52.00. In DUI cases, there is also a sheriff’s service fee and state-mandated fees. The fines alone when convicted can be well into the thousands of dollars. For instance, if you are convicted of a DUI with an alcohol concentration above .08 percent but less than .10, the total applicable fines cannot exceed $300. If you are convicted of a DUI with an alcohol concentration over .10 and less than .15, then the total applicable fines cannot exceed $1,000. A DUI conviction with an alcohol concentration over .15 and less than .20 results in fines that cannot exceed $1,500. And if you’re convicted of a DUI with an alcohol concentration of .20 percent and above, the fines cannot exceed $2,500. It is important to note that this is a misdemeanor in Georgia, there is no mandatory jail time, and there is no mandatory minimum fine. There is a mandatory period of community service and driving school. Other things to consider are the other costs. If you don’t have your license anymore, you may be required to pay for a Limited Permit or a Georgia Identification Card if your license is permanently confiscated. In some counties, the costs to do Alcohol/Drug Evaluation/Treatment classes can be $600-$1,000. If you have limited income, you may be required to set up a payment plan with the court, which means more paperwork and usually higher fees for the payment plan. At the end of the day, the administrative costs alone generally run hundreds of dollars, and the fines usually run into the thousands of dollars.
Typical Cost Breakdown
Although the tab varies from state to state, here are some of the common DUI-related costs:
Driver’s license reinstatement fee: $100 to $750 (some states have no fee);
Lawyer fees: $1,500 to $25,000;
Expert witness fees: $500 to $1,500 per expert;
Expert witness reports: $200 to $700;
Blood and breath tests: $80 to $150;
Chemical testing: $200 to $300;
Overnight intoxication program: $75 to $150;
Alcohol education classes: $162 to $250;
Probation supervision fees: $60 to $390 per month;
Substance abuse assessment: $50 to $150;
Ignition interlock system installation: $80 to $180;
Ignition interlock system monthly maintenance: $40 to $100;
Alcohol/DUI education programs: $350 to $500 ;
Alcohol testing fees: $10 to $50 per test;
Probation supervision fees: $60 to $390 per month;
DUI risk-education classes: $162 to $250;
Fines ($500 minimum and up);
Court-ordered restitution to victims (e.g. car repairs and medical bills for DUI accident);
Costs of moving violations (if there was an accident, there are often costs related to the damage and injuries);
Costs associated with jail time (i.e. cost of required food and supplies while in jail);
Nights spent on house arrest (often totaling more than the length of jail time for DUI);
Increases in insurance rates;
Vehicle impounding and towing fees;
Out-of-state penalties (sometimes involving license suspensions in multiple states).
Factors Impacting DUI Court Costs
As is common with court costs in legal transactions, several factors can influence the final costs associated with being charged with a DUI. These factors may include:
- Severity of the offense. The severity of the charges against you can directly impact the final fees for your case. For example, someone charged with a first offense with mild results – such as a BAC of 0.08, no accident or injuries, and no other violations on record – will face much less expense than someone charged with aggravated DUI with serious accident and injury charges. In most circumstances, a first-time DUI, if handled directly by an attorney, will cost between $1,500 and $2,500.
- Prior convictions. One of the largest impacts on cost will be your history with the law. If you have had to navigate a complicated DUI case before, or are facing a second, third or fourth DUI charge, it can significantly increase the case cost. You may also be responsible for other associated legal cases stemming from the charge, such as license reinstatement or physical harm claims. As a result, the expenses for all of those issues can add up quickly. A second or subsequent DUI, if you have an attorney, can end up costing $5,000 or more.
- Additional charges. Not all DUIs are created equal, and those that are accompanied by additional charges or violations can often see a hefty addition in the cost. Multiple charges can lead to more expensive fees for additional charges in the case, or more expensive legal defense in an attempt to protect your rights and freedom for more serious charges. A second offense performed on a weekend night can cost more than $5,000. When shipping a car back after an arrest and restoring a license, that cost can reach up to $12,500.
Payment Considerations and Assistance
In certain circumstances, the Court will allow payment plans, installment payments, and even electronic payment options or waivers of the Court costs and fines. Payments can sometimes be made online, over the phone or in person with a credit card or debit card. In most cases, if paying in person, you will be asked to use a kiosk or another system that processes your payment at a station in the courthouse lobby .
Payment plans can be established, which means the defendant or person required to pay the court costs must pay a portion of the amount directly owed to the court each month until the costs are paid. In some cases, it is possible to have the court waive or excuse the costs entirely. In the alternative, if a defendant is not indigent (poor enough to get an attorney at no cost) but still cannot afford to pay the costs due to circumstances such as unemployment or a sudden medical condition, the court may allow a partial waiver.
Legal Representation Costs
Whether it makes sense to hire a lawyer to handle your DUI case is a complicated question. On one hand, you may think that hiring a lawyer will be more expensive than handling the case yourself. This assessment is not entirely accurate. A lawyer can likely get the state to drop some of the charges against you. If the charges are dropped or you are able to plea bargain with the prosecutor, then you may be able to avoid the alcohol and drug treatment programs (that often cost hundreds of dollars), avoid having to attend a class on Virginia’s DUI laws (which will also cost you some money), and avoid certain court fees, such as reinstatement fees.
You may simply feel that pleading guilty or no contest will be too time consuming and cumbersome. You may feel that hiring a lawyer to handle your case will move things along much more quickly and efficiently.
Some may say that hiring a lawyer is a waste of money. Maybe you won’t go to jail and you won’t lose your license. Maybe your fines won’t be significant. Maybe you just want to "bite the bullet," take your guilty plea, and put the incident behind you. While these sentiments are understandable, the DUI can have a lasting effect on your life, including points on your license and (if you are a commercial driver), possibly losing your livelihood. These past or future issues may be the very reason why you want to hire an experienced criminal attorney. A good attorney can objectively assess your circumstances and offer you all of the alternatives. A good attorney can assess how long the DUI will be on your record, if it will result in any points, what kind of pleabargain you could successfully negotiate with the prosecutor, and how long you could expect to wait to get your case before a judge.
Possibly Avoiding Additional DUI Costs
There are strategies that may help a driver to avoid further costs due to a DUI, after the initial court expenses are paid. There are many myriads of reasons why people with drunk driving offenses on their records will then be confronted with additional expenses. Some of these expenses arise because a DUI driver must take alcohol or drug rehabilitation classes and educational programs. Fines may be imposed if the offender does not show up for classes, misses classes , or if the classes cost more than originally anticipated. Others have additional costs from the compulsory installation of an ignition interlock device into their motor vehicle. All of these problems can be very costly. A few ways that offenders can avoid incursions of further court costs include buying insurance that can help to pay for rehabilitation and education programs. Some insurance companies will pay for the installation of an ignition interlock device as well. Drivers should also familiarize themselves with the requirements of their court and probation officers so that they can comply. Finally, taking care to meet the requirements of their offenses will also help drivers to avoid costly penalties that would add even more expense to their situation.
