Las Vegas Criminal Lawyer
How Much Does a DUI Defense Lawyer Cost in Las Vegas?
If you’ve been arrested for driving under the influence (DUI) in Las Vegas, one of your first questions is likely:
“How much will it cost to hire a DUI defense attorney?”
The answer is — it depends.
DUI cases in Las Vegas can range from straightforward misdemeanor charges to complex felony prosecutions involving serious injury, prior offenses, or other aggravating factors. The cost of a DUI defense lawyer is influenced by the specifics of your case, your goals, and the skill and experience of the attorney you hire.
This guide explains what goes into DUI lawyer fees in Las Vegas, what you can expect to pay, and why choosing the right lawyer—not the cheapest—is one of the most important decisions you can make.
DUI Lawyer Fees in Las Vegas: The Basics
It is important to know that DUI charges in Nevada are serious. They carry mandatory minimum sentences if you are convicted that includes classes, fines and jail time. because of this you are entitled to a lawyer for a DUI charge in Nevada whether you can afford one or not. The good thing about an appointed lawyer, such as a public defender, is that you get a lawyer for free. In some cases you may get a good lawyer for free, as many public defenders are very capable. In other cases you may get an appointed lawyer or public defender who is about to retire, is right out of law school, is filling in for someone else or a lawyer that just doesn’t have your best interest at heart because of an overwhelming caseload and poor court poor courtroom assignment. You do not get to choose your lawyer when you have a public defender represent you.
However, when you hire the lawyer of your choosing, as is your constitutional right, you get to select the lawyer that you want to represent you and who you think can achieve the best result for you and your case. When you choose your own lawyer you can look at things like experience, training, case results and of course cost. It stands to reason that successful DUI defense lawyers may cost more than inexperienced ones. Every attorney sets their own fees based on their experience, reputation, and the complexity of the case. Additionally, court costs, DMV fees, expert witness fees, and fines are separate from attorney fees and should also be considered.
What Factors Affect DUI Defense Costs?
Here are the main factors that determine how much your DUI defense will cost in Las Vegas:
1. The Complexity of Your Case
- Is this your first DUI or a repeat offense?
- Was there an accident or injury?
- Were your BAC (blood alcohol concentration) results high?
- Were you charged with refusal to submit to a test?
- Is the charge a misdemeanor or felony?
More complex cases require more investigation, more motions, and more court appearances—all of which increase costs.
2. Whether the Case Goes to a Jury Trial
In Nevada, misdemeanor DUI cases do not involve Jury Trials. When Misdemeanor DUI’s proceed to Trial, that happens in front of a Judge, called a Bench Trial. While many DUI lawyers may charge more for a bench Trial, award winning DUI lawyer Josh Tomsheck of Hofland & Tomsheck does not. We don’t think it’s fair to charge someone more money for asserting their constitutional right to a trial, even if it’s a little more work for us. This is very different for a Felony Trial however. All felonies in NEvada, including DUI charges, proceed to Trial as a District Court jury trial. While the percentage of cases that go to Felony Jury Trial is very small, this is an exponentially more involved and complex process and thus, costs significantly more. While Felony cases always cost more than Misdemeanors to defend, most DUI cases resolve through plea negotiations, diversion programs, or reduced charges. But if your case proceeds to trial—especially in a jury trial—the cost increases due to:
- Trial preparation
- Pre-trial motions
- Subpoenas and witness coordination
- Multiple days in court
The cost of a Felony Jury DUI trial will often be double or even triple the overall legal fee for the case when handled by an experienced Trial Attorney.
3. Attorney Experience and Credentials
Highly experienced attorneys with a successful trial record and DUI-specific training often charge more—but they also offer more value. For example, Josh Tomsheck is:
- Board-Certified in Criminal Trial Law
- A former Chief Deputy District Attorney in Clark County
- A member of the National College for DUI Defense
- A member of the DUI Defense Lawyers Association
- A Life Member of the National Association of Criminal Defense Lawyers
- A sought out DUI expert, instructor and author
Hiring an attorney with this level of experience may cost more—but it also dramatically increases your chances of a favorable outcome.
4. Pre-Filing Representation
If you contact a lawyer before formal charges are filed, they may be able to prevent the case from moving forward. In some cases, this early intervention can:
- Prevent formal charges from being filed
- Allow for dismissal or diversion programs
- Reduce public exposure and reputational harm
While pre-filing intervention can incur additional costs, it often results in significant savings and better results.
5. Inclusion of DMV Hearing
Las Vegas DUI cases involve two separate proceedings:
- The criminal case in court
- The DMV license revocation hearing
Not all attorneys include the DMV hearing in their base fee. Ask whether your quote includes representation at the Nevada DMV administrative hearing, which determines whether your driver’s license will be suspended.
Flat Fees vs. Hourly Fees for DUI Defense
Most DUI lawyers in Las Vegas use a flat-fee structure for DUI cases that is tiered through stages of the representation. This means you pay a single upfront amount that covers all or most aspects of the representation.
Benefits of this type of fee structure:
- Predictable: You know exactly what you’ll pay.
- No surprise billing: Court appearances and negotiations are usually included.
- Ideal for misdemeanor DUIs or straightforward cases.
Be sure to ask for a written fee agreement that clearly defines what’s included and what is not. All reputable DUI Defense lawyers will provide you with a written fee agreement, commonly referred to as a retainer agreement, that tells you exactly what you are paying for and the terms of the representation.
What Is Included in DUI Defense Fees?
A reputable Las Vegas DUI lawyer should include most or all of the following in their quoted fee:
- Initial consultation and case evaluation
- Review of police reports, test results, and bodycam footage
- Negotiation with prosecutors
- Representation at court hearings
- Motion practice (e.g., motions to suppress, dismiss, or exclude evidence)
- DMV license hearing (in some cases)
- Plea negotiations or trial preparation
- Mitigation strategies for sentencing if applicable
Are Payment Plans Available?
Most good criminal defense attorneys don’t have preset payment plans. While many attorneys advertise payments plans, these tend to be lawyers who are just looking for a paycheck and can’t get a job at the public defenders office. However, most good lawyers understand that most people don’t plan or budget to hire a criminal defense or DUI lawyer, and further recognize that a good lawyer is not an insignificant expense. Thus, most reputable DUI defense lawyers will work with an individual client on the payment of their fees. The best course of action is just to ask. You may discover it is more affordable than you think, especially when faced with the expense of a more harsh sentence or conviction. Depending on the firm’s policies, you may be able to:
- Pay an initial deposit to start representation
- Make monthly payments over time
- Use credit cards or financing services
At Hofland & Tomsheck and LVNVLawFirm.com, we understand that most clients are not financially prepared for a sudden criminal charge. While most of our clients pay their retainers in full and in advance, we will always listen and work with clients to create affordable, flexible payment solutions so they can get the high-quality defense they want and need.
Beware of “Too Good to Be True” Prices
Some attorneys advertise bargain-basement DUI fees ($999, $1,500, etc.). Be cautious. These often:
- Do not include trial or DMV hearing
- Are handled by junior or inexperienced attorneys
- Rely on quick plea deals without fully evaluating your case
- Involve taking a fee and then telling you to take the first offer the prosecutor makes (you can do this yourself and save your bargain fee)
- Use bait-and-switch tactics (low base fee with high add-ons later)
Remember: this is your criminal record, your driver’s license, and possibly your freedom on the line. Paying for a qualified, skilled lawyer can save you much more than it costs—especially when it comes to avoiding jail, license suspensions, and inflated insurance premiums.
Why Josh Tomsheck is Worth Every Penny
When you hire Josh Tomsheck, you’re hiring one of Nevada’s most experienced DUI defense lawyers. He has:
- Over 200 trials to verdict
- Years of experience as a prosecutor and now as a DUI defense attorney
- Extensive training in field sobriety testing, breath test flaws, and blood test litigation
- A proven track record of getting DUI charges dismissed, reduced, or won at trial or appeal
Josh doesn’t treat DUI cases as routine. He aggressively defends your rights, challenges the evidence, and explores every opportunity to get the best result—often for less than the long-term cost of a conviction.
Cost vs. Value: Why the Right DUI Lawyer Matters
You may be tempted to save money by going with the cheapest lawyer or trying to represent yourself. That can be a costly mistake.
A conviction can cost you:
- Thousands in fines, fees, and increased insurance rates
- A suspended license or revoked driving privileges
- Time in jail or on house arrest
- Damage to your professional license, job, or immigration status
- A permanent criminal record
When you hire a top DUI defense attorney, you’re investing in your future. You’re hiring someone who can:
- Fight to keep you out of jail
- Preserve your driving privileges
- Minimize fines or eliminate charges altogether
- Reduce the charge to reckless driving or another non-alcohol-related offense
- Help you avoid long-term consequences
Talk to an Award-Winning DUI Attorney Today
If you’ve been arrested for DUI in Las Vegas, the best time to talk to a lawyer is now. The clock is ticking—on your court deadlines, on your DMV hearing, and on your opportunity to build a strong defense.
📞 Call Josh Tomsheck today at (702) 895-6760
📍 Visit our office at 228 S. 4th Street, Las Vegas, NV 89101
🌐 Schedule a free consultation at LVNVLawFirm.com
