First it is important to understand that each individual attorney sets his or her own fee schedule. Therefore, there is no universal fee schedule charged by Omaha DUI attorneys. There are, however, some common factors used by an Omaha DUI attorney when determining the fee for representation, including:
- Previous DUIs – if you have been convicted of DUI before you could now be facing a felony charge instead of a misdemeanor. Not only is there more at stake for the defendant in a felony case but there is also typically more work involved for the attorney. Therefore, the cost may be higher if you have previous DUI convictions.
- Aggravated vs. Non-aggravated – in Nebraska it is illegal to operate a motor vehicle with a blood alcohol concentration, or BAC, of 0.08 percent or higher. If your BAC level was 0.15 percent or higher, however, you may have been charged with an aggravated DUI. Certain defenses are all but eliminated when the defendant is charged with an aggravated DUI making it harder to defend the charges. That, in turn, could increase the cost.
- Difficulty level – as a general rule, the initial police report gives an attorney a general idea how the arrest occurred and what type of evidence the State of Nebraska has against you. That often provides some clue as to the difficulty level of the case. The more complex and complicated the case appears to be the higher the cost is likely to be for your defense. If an accident occurred, for example, the case will likely require additional time to investigate and litigate, causing the cost of representation to increase.
- Additional services – sometimes a DUI defense attorney is asked to perform additional work which can increase the cost of services. For example, if you want to contest your administrative license revocation, which is a separate hearing, that would likely call for an additional fee.
- Client’s intentions – ultimately, how your case is resolved is your decision. If you tell your attorney up front that you are not interested in pursuing a trial and instead only want the attorney to negotiate the most advantageous plea agreement possible, the cost of representation may be less than if the attorney takes the case with the expectation that the case will go to trial.
Although there is no way to no ahead of time what an Omaha DUI attorney will charge for your case, you do have an absolute right to know how the attorney determines his or her fees and what your specific case is likely to cost after consulting with the attorney. For a free case evaluation for your Omaha DUI case, contact Petersen Law Office 24 hours a day at 402-513-2180.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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