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Do lawyers raise the price when dealing with 2nd DUI?

Tulsa, OK |

I just recently encountered my 2nd DUI for not blowing the breathalizer. My first DUI was not a conviction and reduced. However, after telling this to every lawyer that I've talk to, they've estimated the price up in the $2K range. My first DUI lawyer was $1K. Am I paying the right amount here or has DUI prices just raised in recent years?

Attorney Answers 3


This would be very typical in any county in any state. A second offernder faces a lot more legal jeopardy and the type of deal you received on your first one is much harder to come by on the second go around. The state gave you one break, you don't get another. Your lawyer is going to have to fight hard for you, expect to pay accordingly.

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Each case is different but with priors, it is harder to get a reduction or dismissal. Also, each set of facts and different jurisdictions can change the price as there may be more issues that need to be explored or more motions to file. Although the Tulsa market is a little different than OKC, $2k is very low for most DUI cases if being handled by an experienced DUI attorney.

Most DUI qualified (ie...have attended DUI seminars, are field sobriety trained, are certified on the Intoxilyzer, and are members of the National College for DUI Defense) generally run $3k-$8k. This will include trying to prevent your license from being suspended.

Be advised, Oklahoma just passed the Erin Swezy Act which is effective Nov 1, 2011. It may have bearing on you as it appears to apply when people are getting their license reinstated so would apply to you if your license is suspended. If you did not have your license suspended on your last DUI, then this would be your first suspension. If first suspension and you refused the test or tested over .15 BAC, then you will be required to have an ignition interlock device on your car for an additional 18 months after the 180 day suspension.

If this is your second suspension, then regardless of breath score or refusal, you will be required to have the interlock for an additional 4 years after the 1 year suspension. The only way around this is to avoid the license suspension.

Any attorney that is actively defending DUI cases should be telling you this. if not, they are probably not the best attorney for your DUI case. The other AVVO Pro listed on this site is from Tulsa. Bruce Edge is one of the best DUI attorneys in the country and does free consultations so call and speak with his office.

If this answer was helpful, please give me a thumbs up.

Good luck

John Hunsucker

Answers to AVVO questions are for general purposes only and do not establish an attorney-client relationship. This answer is not a substitute for legal advice and should not be relied upon without a full consultation with an attorney that can fully look at issues involved.

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As John said, $2,000 is a low number for good DUI representation, especially if in Tulsa. There is more at stake in a second offense because the DA's office and the Court will not be as nice as with the first offense.

Because you refused, if you don't hire someone to fight for your license, you will automatically be required to install an interlock in your car for at least 2 years (if your first license revocation) and up to 5 years (if your second revocation). I suspect it will be the 5 years because attorneys who charge $1k for a DUI usually don't do anything about the license (or you waited too late for it to matter) This cannot be negotiated in your criminal case.

This information is for general information purposes only and does not create an attorney-client relationship.

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