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How Much Does a DUI Lawyer Cost in Tampa?

Short answer: Typical flat fees charged by criminal defense firms in the Tampa Bay area run $3,500 to $7,500 for a first DUI and $5,000 to $8,500 for a second DUI. Some firms charge a separate trial fee on top of that; The Brancato Law Firm charges one flat fee for the whole case, including trial. Felony DUI cases cost more: $7,500 to $12,000 for a third DUI within 10 years, $10,000 to $15,000 for a fourth or later DUI, $10,000 to $25,000 for a DUI crash that caused serious bodily injury, and $45,000 to $100,000 or more for DUI manslaughter. Costs, such as expert witnesses, are separate from the fee. These are ranges, not quotes. We set the fee for your case based on its facts and how complicated it is likely to be, and we aim to keep it realistic and fair.
The price depends mostly on two things: how serious the charge is, and how much of the case the fee covers. A low quote can cost you more in the end if it leaves out the license review or a trial.
The Brancato Law Firm defends DUI cases across Hillsborough, Pinellas, and Pasco Counties. Our founder, Rocky Brancato, spent about 24 years at the Hillsborough County Public Defender’s Office, where he rose to Chief Operations Officer and oversaw a staff of over 100 attorneys. That experience gives our firm system-level knowledge of how criminal cases are charged, prosecuted, and resolved. We quote every DUI case based on the work it actually requires, and that work depends on the details of your arrest.
How Does the Type of DUI Case Affect the Lawyer’s Fee?
The more serious the charge, the more work the defense has to do, and the higher the fee. Under Florida’s DUI law, § 316.193, prior DUIs and a crash can change the charge itself, in some cases to a felony. A blood alcohol content (BAC) of .15 or higher, or a minor in the car, raises the possible penalties but does not by itself make the charge a felony. The table below shows typical flat fees charged by criminal defense firms in the Tampa Bay area for each type of case. These are not our firm’s quotes. Some firms include trial in the fee; others charge a separate trial fee. At our firm, the fee covers the whole case, including trial.
| Type of DUI case | How serious the charge is | Typical flat fee, Tampa Bay area firms |
|---|---|---|
| First DUI | Misdemeanor | $3,500 to $7,500. |
| Refusing a breath or urine test, on top of any DUI (§ 316.1939(1)(e)) | Second-degree misdemeanor, charged separately from the DUI | Add $1,000 to $3,000, because the refusal is a separate criminal charge to defend. |
| First DUI with a BAC of .15 or higher or a minor in the car (§ 316.193(4)) | Misdemeanor, with heavier possible penalties than a standard first DUI | $3,500 to $7,500, the same range as a standard first DUI. |
| DUI crash that damaged someone’s property or injured someone, without serious bodily injury (§ 316.193(3)(c)1.) | First-degree misdemeanor | $5,000 to $8,500 for a first DUI. A crash can add costs, such as court reporters and transcripts for depositions. |
| Second DUI | Misdemeanor | $5,000 to $8,500. |
| Third DUI within 10 years after a prior conviction (§ 316.193(2)(b)1.) | Third-degree felony | $7,500 to $12,000. |
| Fourth or later DUI, no matter when the earlier convictions happened (§ 316.193(2)(b)3.) | Third-degree felony | $10,000 to $15,000. |
| DUI crash that caused serious bodily injury (§ 316.193(3)(c)2.) | Third-degree felony | $10,000 to $25,000. The defense often has medical records and crash evidence to review. |
| DUI manslaughter, meaning a DUI crash that caused a death (§ 316.193(3)(c)3.a.) | Second-degree felony | $45,000 to $100,000 or more. The defense often needs expert witnesses, such as a forensic toxicologist. Experts are a cost, handled separately from the fee. |
The dates of your earlier convictions matter for a third DUI. A third DUI more than 10 years after a prior conviction falls under § 316.193(2)(b)2. and is not a felony. It is still a repeat offense, so we quote it based on your record.
DUI manslaughter becomes a first-degree felony if the driver knew or should have known about the crash and failed to give information and render aid as Florida law requires (§ 316.193(3)(c)3.b.). It is also a first-degree felony if the driver has a prior conviction for DUI manslaughter, boating-under-the-influence manslaughter, vehicular homicide, or vessel homicide (§ 316.193(3)(c)3.c.).
Do DUI Lawyers Charge a Flat Fee or by the Hour?
Most DUI lawyers in Florida charge a flat fee, which is one set price for the legal work on your case, agreed on before the work starts. A few lawyers bill by the hour, which means you do not know the total until the case is over.
At The Brancato Law Firm, we charge one flat fee for the whole case, including trial if your case goes that far. We quote it upfront, and we do not bill by the hour. Often a short phone call tells us enough to quote the fee. When it does not, and we cannot reasonably tell how much work the case will involve, we may first obtain the police report or other materials, or speak with the prosecutor, so that we know the work involved and the fee we quote is realistic. Our goal is a fee that is realistic for the work your case needs and fair to you. We are not the most expensive firm in Tampa, and we are not the least expensive. Some firms charge a separate trial fee on top of the pre-trial fee. That gives the lawyer a financial incentive to settle before the case is prepared for trial. With one fee for the whole case, the lawyer is paid to prepare for trial from the start. One fee does not mean one payment: you can pay our flat fee in installments, with half usually due at the time you hire us, as explained below. Our guide to what a criminal defense attorney costs in Tampa explains what affects the fee for other criminal charges.
If you have not been charged yet, the work is different. Some DUI cases, most often crashes that caused serious injury or a death, are not charged at the scene; the arrest can come weeks or months later, after the blood results and the crash investigation are complete. Pre-file advocacy means presenting your side to the prosecutor before the charging decision is made, and we usually charge a lower fee for that work. If charges are filed anyway, the pre-file fee is applied toward the total fee quoted for the case.
What Should a DUI Lawyer’s Fee Include?
A DUI fee should cover every stage your case could reach, from the license review at the start to a trial at the end. When a lawyer gives you a quote, check that it includes each of these:
- The license review. If your license was suspended at the arrest, you can ask the Florida Department of Highway Safety and Motor Vehicles to review the suspension. The review is your chance to challenge the suspension. You have only 10 days to request the review. The quote should say whether the fee includes requesting the review and handling the hearing. At our firm, both are part of the flat fee, at no extra charge.
- Discovery and video review. Discovery is the evidence the State has to share with the defense, such as police reports, breath test records, and dash camera and body camera video. Your lawyer should get all of it and review it.
- Depositions. A deposition is sworn questioning of a witness, such as the arresting officer, before trial.
- Motions to suppress. A motion to suppress asks the judge to keep certain evidence out of the case, for example because the traffic stop was not legal.
- Negotiation. Your lawyer talks with the prosecutor about reducing the charge or resolving the case.
- Diversion work. If you qualify for Hillsborough’s diversion program for first-time DUI cases, the fee should cover getting you into the program and handling your case until you finish it.
- Trial. If the case does not resolve earlier, the fee should cover preparing for trial, picking a jury, and trying the case.
If a quote leaves out any of these, ask the lawyer what each missing piece would cost if your case needs it.
What Is the Difference Between Attorney Fees and Costs?
Attorney fees and costs pay for different things. A clear quote lists them separately. The attorney’s fee pays for the lawyer’s time on your case and for the lawyer’s experience, including trial experience.
Costs, handled separately from the fee, pay for the outside people and services the defense needs. In a DUI case, costs can include a forensic toxicologist to review blood or breath results, a private investigator, a court reporter and the transcripts from depositions, and retesting a blood sample at an independent lab. Not every case needs these. A case with a blood test or a crash is more likely to need some of them.

A firm should handle larger costs in one of these two ways:
- A cost deposit. You pay an amount upfront, and the firm holds it in its trust account. The firm draws from the deposit as each cost comes due, and any money left at the end goes back to you.
- Paying the vendor directly. You pay the expert or service provider yourself, in advance, before the work is done.
We handle costs separately from our flat fee. Smaller costs, usually under $1,000, are typically advanced by the firm and billed to you at our actual cost. Larger costs, such as expert witnesses, are discussed with you and approved before they are incurred, and they are always charged at actual cost with no markup.
What Makes a DUI Lawyer Cost More?
Some facts of an arrest add work or costs to any type of DUI case:
- Refusing a breath or urine test. Under § 316.1939(1)(e), even a first refusal is a second-degree misdemeanor, which is a criminal charge. The rule took effect on October 1, 2025, under a state law called Trenton’s Law. The refusal is a second charge for your lawyer to defend, so it typically adds $1,000 to $3,000 to the fee.
- A blood test instead of a breath test. Blood results come with lab records to review and sometimes a retest at an independent lab.
- A commercial driver’s license (CDL). A DUI carries heavier license consequences for a commercial driver. More is at risk, so trial is more likely, and most CDL holders cannot resolve the case without losing their livelihood. For that reason, a CDL case costs substantially more.
- More witnesses and depositions. Each deposition adds lawyer time, so a case with more witnesses gets a higher quote. The court reporter’s transcript also adds to your costs.
With a flat fee, the facts of your arrest raise the price you are quoted at the start, because the fee is agreed on before the work begins.
Does Hillsborough’s RIDR Diversion Program Change the Cost?
Hillsborough’s diversion program for first-time DUI cases, called Reducing Impaired Driving Recidivism or RIDR, does not change our fee. It does add costs of its own. The Hillsborough County State Attorney’s Office, which runs RIDR, does not publish a program fee. Instead, you pay for the program’s requirements, such as DUI school, and standard court costs when the case closes.
RIDR is for first-offense misdemeanor DUI cases. The State Attorney’s Office decides whether to accept each case. A prior DUI, a minor in the car, a BAC of .20 or higher, or a crash keeps you out. Along with DUI school, the program requires a MADD Victim Impact Panel, community service, and a period of alcohol or drug monitoring. It ends with a plea to reckless driving instead of DUI. The judge withholds adjudication, which means the judge does not formally declare you guilty. Your plea can count as a conviction for some legal purposes, even though adjudication is withheld. RIDR is still not a dismissal, because the case ends with your plea to reckless driving.
What Else Does a DUI Cost Besides the Lawyer?
A DUI conviction brings its own costs on top of the lawyer’s fee. A standard first DUI conviction carries a fine of $500 to $1,000 under § 316.193(2)(a)1.a. Different fines apply if your BAC was .15 or higher, a minor was in the car, or a crash damaged someone’s property or injured someone. You also pay for DUI school yourself. Florida sets standardized DUI school fees: $330 for Level I and $495 for Level II, the program for repeat offenders, effective October 1, 2023. After a conviction, you need FR-44 insurance for 3 years. An FR-44 is a certificate your insurer files with the State to prove you carry much higher liability limits than Florida normally requires: $100,000 per person and $300,000 per crash for bodily injury, and $50,000 for property damage. As of October 2026, LendingTree puts Florida FR-44 rates at about $406 a month for liability coverage and $523 a month for full coverage, or about $4,872 and $6,276 a year. Rates vary widely by insurer, driving record, and ZIP code, so get quotes for your own situation. Our guide to DUI penalties in Hillsborough County covers the full list.

Is a Lawyer Worth It for a DUI?
For most people, a lawyer is worth it for a DUI, because a lawyer can protect your license and look for ways to avoid a DUI conviction and its costs. The license review has a short deadline. You have 10 days to request the review. If you miss the deadline, the suspension becomes final without a review. For a first suspension, that means 6 months for a BAC of .08 or higher, or 1 year for a refusal. If you want a lawyer to handle the review, you need to hire one before the deadline passes. Our guide to protecting your driver’s license after a DUI arrest explains the review.

A lawyer also reviews the traffic stop, the breath or blood testing, and the video for problems that can be challenged in court. Your lawyer can tell you whether you qualify for RIDR and whether entering the program makes sense for your case.
In our opinion, no one should represent themselves on a DUI charge. You do not know what you do not know. Probation can look like a good deal when a lawyer may have been able to get the case dismissed. The money you save up front then gets spent over years, on FR-44 insurance for 3 years and on fines and other fees.
What If I Can’t Afford a DUI Lawyer?
If you cannot pay the full fee at once, a payment plan lets you pay it over time. Half of the fee is usually due at the time you hire us, and the balance can be paid on a plan while your case is pending. We offer payment plans through LawPay, an online payment service for law firms. LawPay also offers Pay Later, a separate financing service. It is credit extended by LawPay, not by the firm: we do not set its terms, and approval depends on your credit history and creditworthiness, such as your credit score.
If a private lawyer is not affordable at all, we recommend the public defender. You qualify for a public defender if you are found indigent, which generally means you cannot afford to hire a lawyer. In Hillsborough County, you apply through the Clerk of Court using the Criminal Indigent Application. Florida law sets a $50 application fee. Our guide to the public defender vs. a private attorney in Tampa explains how the two compare.
How Do I Compare DUI Lawyer Quotes?
Compare DUI quotes by what each fee covers, because two quotes for the same price can cover very different amounts of work. A lower quote that leaves out the license review or trial can cost more overall, because you pay extra for that work if your case needs it. If a private lawyer quotes a very low fee, you will likely get what you pay for, and you may be better off with the public defender. Ask every lawyer the same questions on the consultation call:
- Is this one flat fee for the whole case, including trial, or is the trial priced separately?
- What happens to the fee if my case ends early or I change lawyers? Florida Bar rules require a lawyer to confirm in writing when a fee is nonrefundable, so ask to see how the written agreement handles this.
- Does the fee include requesting the license review and handling the hearing?
- Which costs is my case likely to need, and how do you handle them? Do you hold a cost deposit in your trust account, or do I pay vendors directly?
- Who will work on my case day to day?
- Do you offer a payment plan, and how does it work?
Write down each lawyer’s answers so you can compare the quotes side by side after the calls.
DUI Lawyer Cost FAQs
What is the average cost of a DUI lawyer in Florida?
No reliable published average exists for Florida. In the Tampa Bay area, typical flat fees charged by criminal defense firms run $3,500 to $7,500 for a first DUI and $5,000 to $8,500 for a second DUI. At The Brancato Law Firm, the flat fee covers the whole case, including trial. Felony DUI cases cost more, from $7,500 for a third or later DUI to $45,000 or more for DUI manslaughter. These are ranges, not quotes. The only dependable number for your case is a written flat-fee quote, which we usually give after a short call about the facts.
Why do DUI lawyer fees vary so much?
Typical fee ranges are wide because every firm is different and every case is different. A first DUI with a breath test and no crash takes far less work than a case with a blood test, a crash, or a refusal charge. Firms also price differently. A firm that needs the case may charge less to get it, and a firm that is in demand may charge more. A fee alone does not tell you what you are getting, so judge each quote by the work it covers and the experience of the lawyer who will do it. At The Brancato Law Firm, we quote each fee on the facts of the case and aim to keep it realistic and fair.
Does The Brancato Law Firm offer payment plans for DUI cases?
Yes. Half of the fee is usually due at the time you hire us, and the balance can be paid on a plan while your case is pending. LawPay separately offers Pay Later financing, and LawPay, not the firm, sets those terms based on your credit.
Is it worth fighting a DUI charge?
Whether fighting a DUI charge is worth it depends on the evidence against you, so the first step is having a lawyer review that evidence. Fighting can mean challenging the evidence, negotiating with the prosecutor, or taking the case to trial.
What is the 10-day rule for DUI in Florida?
The 10-day rule is Florida’s deadline to ask the Department of Highway Safety and Motor Vehicles to review the license suspension that can follow a DUI arrest. The rule is in § 322.2615(1)(b)3. of the Florida Statutes. The request is due within 10 days after the date the notice of suspension is issued. The officer normally issues the notice at the arrest, so the safest plan is to count from the day of the arrest.
Can a first-time DUI be dismissed in Florida?
A first-time DUI can be dismissed if the State cannot prove its case, such as when a judge rules that key evidence cannot be used. No lawyer can promise a dismissal.
Is the consultation free?
At The Brancato Law Firm, the consultation is free. Our consultations are confidential, come with no obligation, and are available by phone or in person. We are available 24/7 for arrest emergencies.
Talk to Us About Your DUI Case
If you were arrested for DUI in Tampa or anywhere in Hillsborough, Pinellas, or Pasco County, call us at (813) 727-7159. We know the cost of a lawyer is a real worry after an arrest. Our attorneys will look at what your case needs and give you a flat-fee quote before you decide anything. Rocky Brancato oversees our DUI defense work. He is a member of the National College for DUI Defense and the DUI Defense Lawyers Association, two national organizations of DUI defense lawyers. You can also reach us through our contact page.
The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties
The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.



















