How much does a DWI attorney cost?

Hiring an attorney is an obvious decision for most people unfortunate enough to be facing a DWI charge in Texas. The penalties are serious and you may end up with a criminal record for the rest of your life.

How much does a DWI attorney cost?

But what are the costs involved in hiring a DWI attorney to defend you?

Aren’t attorneys expensive in Texas?

How can you afford an attorney as a young person charged with DWI?

Let’s take a look at the factors that contribute to the costs of hiring a DWI attorney, estimate how much an average case may cost, and consider the other costs involved in a DWI case.

DWI attorney costs in Texas

The first thing you’ll notice when researching the costs of DWI attorneys in Texas is that they do vary, depending on experience, reputation, track record, location, and so on.

DWI attorneys generally charge in one of two main ways and you need to decide which one works best for you:

  • An hourly rate 

A fixed hourly rate payable for all the hours worked on the case – for instance, $150/hour.

Some cases are more involved than others. If they go to trial and no case dismissal or plea bargaining is possible, it will cost more. 

With these arrangements, there may also be extra costs, such as extra fees and expenses for copying.

  • A flat fee (“case billing”) 

Case billing covers the entire process of defending you, from start to finish, whether it goes to trial or not. 

This method of payment is sometimes considered more of a “gamble”. It is possible that, despite expecting your case to go to trial, it is quickly dismissed. A flat fee, in this case, might be much higher than paying an hourly rate.

One possible way to resolve this shortcoming with case billing is to negotiate an upfront payment that covers pretrial work and another fee payable if it goes to trial. 

Another possible solution is to agree to an hourly rate up to a certain amount. After that agreed amount has been reached, any further work on your case is covered. 

With this arrangement, you may get a refund if your case is settled quickly and a guarantee that you will not have to pay any more if it is not.


If your law firm is highly established and based in the center of San Antonio, you can expect to pay higher fees than a law firm that has just been established in the suburbs. 

Location is important, like with most businesses.

Case complexity

As intimated already, complex cases will also cost more to defend.

If there are aggravating factors present in your DWI case (somebody was injured or you were measured at a BAC of 0.15 or over), it may be treated as a Class A misdemeanor or felony.

This almost certainly means that more work is involved than in simpler cases of Class B misdemeanors, where nobody was hurt and no property was damaged.

Going to trial almost always means increased costs, unless a flat fee has been negotiated upfront.

Experience and track record

Criminal law/DWI firms with a strong track record and years (or even decades) of experience naturally command higher fees than new firms.

You hire an attorney to win you the case, get it dismissed, or otherwise negotiate the best possible deal for your future.

Beware of low-fee attorneys who promise the earth but fail to deliver. It can seriously impact your future if they get it wrong. Check their track record. 

Cost estimates

Without the details, it is difficult to estimate how much an attorney will cost to defend your DWI. 

Very few cases cost under $1000 and, more typically, you will easily pay $5,000 even for a case that does not go to trial.

Anywhere north of $10,000 is a reasonable guideline if your case needs to go to trial.

The bottom line? 

Just because a friend’s case cost X amount does not mean yours will also cost that. It does depend heavily on the factors mentioned.


Note that you will usually be expected to pay an upfront fee when you engage a DWI attorney.

This applies whether they charge by the hour or by the case.

So, if your attorney charges an hourly rate of $150, they may request that you pay for 20 hours ($3,000) upfront to start work on your case.

In such cases, you can request reports to break down the hours worked by the attorneys.

Other costs involved in a DWI

The total cost of a DWI conviction can easily mount up to well over $10,000.

In addition to the fees paid for a DWI attorney to defend you (and depending on the nature of the charge), you may have to pay:

  • Court fees (approximately $200-$1500)
  • Punishment fines if convicted (minimum $2000)
  • Costs of getting your license reinstated ($1000 a year minimum for 3 years)
  • Alcohol education program fees ($70-$185)
  • Probation fees ($60-$100 per month)
  • Possible restitution charges (for damage to any property or injury to another person)
  • Interlock system installation fees ($70-$100 per month)
  • The cost of bail ($200-$1000 for first-time offenders, considerably more if there are aggravating factors)
  • Towing fees ($250-$450)
  • Impound lot fees (a daily charge of $5-$20)

In the future, you can expect to pay increased insurance rates and may find that your ability to earn an income is affected if you are convicted.

As you can see, the financial costs of a DWI charge and conviction are significant.

Are the costs of hiring a DWI attorney worth it?

With severe penalties for a conviction, few people would argue that the costs of hiring a DWI attorney are not worth it if your case is dismissed or you are acquitted at trial.

Remember, even a first DWI offense can include jail time, as well as a fine and loss of your driver’s license. 

If there are aggravating circumstances like another person injured or killed, a child under 15 in the car, or your Blood Alcohol Concentration (BAC) was measured at .15 or over, you can face stiffer penalties including longer prison time.

With all the other costs associated with a conviction, you may end up saving money (as well as keeping a clean record) if your attorney can get your case dismissed.

A criminal record in Texas lasts indefinitely. So, hiring a DWI attorney to give you the best chance of escaping one should be a priority. 

Remember that all DWI attorneys in Texas are not created equal.

I’m an experienced DWI attorney with a track record of case dismissals. I aim to avoid costly trials and keep your record clean.

If you’re facing a DWI charge in Texas, call or text 210-673-1180 today for a free case evaluation with me or complete our online contact form.

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Read More Reviews





Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


DWI 2nd

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

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