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Why must a Felony DWI defense be soo much more costly than for a misdemeanor offense? Is it so different, or only higher stakes?

San Marcos, TX |

We're struggling to find an attorney to we can afford to represent my dad in Hays County, TX- arrested ~10 days ago. We can't communicate with him, dont know any details about his case, and with the rates we've been quoted so far... it might stay that way. Any DWI experts in San Marcos able to help?

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Attorney answers 4


It's different, higher stakes and, most importantly, requires much more time to defend.


Yes you will find that attorneys will always charge more for a felony offense than they will for a misdemeanor offense. Felony offenses carry much greater potential custody time, usually require more court appearances, and usually have increased investigation costs. These are just some of the reasons why you will find that attorneys will charge more for a felony than they will for a misdemeanor case.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at


Myself and my firm regularly represent people in and around Hays county. If you have any questions, feel free to give me a call at 210-222-1117.

We do have payment plans.

The most important thing right now is to request the Administrative License Revocation hearing before 15 days is up. Not only will it help him keep his license it will give you advantages in fighting his criminal case.

You don't want to miss the 15 day deadline on the ALR. My office can file it for him, for free. No pressure to hire us or anything, it is just really important to his case not to miss that deadline.

Obviously, if we aren't hired we can't represent him at the eventual ALR hearing, but we can make sure that no deadlines are missed.


The prices for Felony DWI defense are much greater because of the penalties associated with the charge. A misdemeanor is capped at a maximum of 1 year in jail, but a felony level offense can put a person away for life. Depending on what he is charged with, either felony DWI repition or intoxication assault or manslaughter, he is looking at anywhere between 2 and 20 years in jail.

You need a good local defense attorney to help you. I am in Dallas, but am from San Marcos. My father is an excellent criminal defense attorney that has practiced in San Marcos for more than 20 years. You can find his information at I believe he can help you with your case and likely with a payment plan as well. If he cannot help, there are other excellent attorneys in town that are willing to work on a payment plan as well. While the amount of money might seem great now, not hiring a good lawyer will cost your family and your father much more in the long run.

Good luck