Flat fees, hourly rates, MVD hearing costs, and the public-defender question — what a DUI under A.R.S. §28-1381 really costs in Maricopa County.
By John Quigley · Updated June 20, 2026
If you have just been arrested for driving under the influence in Phoenix, one of the first questions on your mind is almost certainly about money: what is a DUI lawyer going to cost, and can you afford one? It is a fair question, and the honest answer is that legal fees vary widely depending on the facts of your case, the experience of the attorney, and how far the case proceeds. This guide breaks down what Phoenix-area drivers actually pay in 2026, why the numbers differ so much, and how to weigh a private attorney against a public defender.
Arizona treats impaired driving seriously. A standard first-offense DUI is charged under A.R.S. §28-1381, and even a misdemeanor conviction carries mandatory jail time, fines, license consequences, and an ignition interlock requirement. Because the stakes are high, the cost of skilled defense should be measured against what a conviction will cost you — not just in dollars, but in your license, your job, and your insurance premiums for years afterward.
There is no fixed price for a DUI defense in Arizona, and any attorney who quotes you a number before learning the facts is guessing. Several factors drive the cost up or down, and understanding them helps you read a fee quote intelligently.
A first-offense DUI under A.R.S. §28-1381 with a blood alcohol concentration just over the 0.08 legal limit is the least expensive type of case to defend. The price climbs as the charge gets more serious. An "extreme" DUI (BAC of 0.15 or higher) under A.R.S. §28-1382 carries longer mandatory jail and demands more work. An aggravated DUI under A.R.S. §28-1383 — charged when you drive on a suspended license, have a child under 15 in the vehicle, or have prior convictions — is a felony, and felony defense is significantly more expensive.
Many DUI cases resolve through a negotiated plea, which keeps costs lower. If your attorney files motions to suppress evidence, challenges the traffic stop, or takes the case to a jury trial in Maricopa County Superior Court, the hours add up quickly. Trial work is the single biggest cost driver.
A lawyer who has spent fifteen years handling nothing but Arizona DUI cases will generally charge more than a general-practice attorney. That premium often buys familiarity with the prosecutors, the Maricopa County courts, and the technical defenses that can make or break a case — such as challenging the calibration of the breath-testing device or the procedures used in a blood draw.
Most criminal defense attorneys in the Phoenix metro bill DUI cases one of two ways, and it pays to know the difference before you sign a fee agreement.
The most common arrangement for a misdemeanor DUI is a flat fee. You pay a single agreed amount and the attorney handles the case through a defined stage — often through a plea or trial. Flat fees give you cost certainty, which is why most drivers prefer them. Always confirm in writing exactly what the flat fee covers. A common point of confusion is whether the fee includes the separate MVD license hearing (more on that below) or a jury trial, or whether those are billed on top.
Some attorneys, particularly on complex felony cases, bill by the hour. Hourly rates in the Phoenix market typically run from $250 to $500 per hour, with experienced DUI specialists at the higher end. Hourly billing usually involves an upfront retainer that the attorney draws against. The risk is that costs are open-ended; the benefit is that you pay only for the work actually performed.
The table below reflects common flat-fee ranges quoted by private defense attorneys across Maricopa County. Treat these as starting points for your own conversations, not guarantees.
| Type of DUI Case | Governing Statute | Typical Private Attorney Fee |
|---|---|---|
| First-offense misdemeanor DUI (plea) | A.R.S. §28-1381 | $2,500 – $4,000 |
| First-offense DUI taken to trial | A.R.S. §28-1381 | $5,000 – $8,000 |
| Extreme DUI (BAC 0.15+) | A.R.S. §28-1382 | $4,000 – $7,500 |
| Aggravated (felony) DUI | A.R.S. §28-1383 | $7,500 – $15,000+ |
| Second or third offense | A.R.S. §28-1381 | $5,000 – $10,000 |
A DUI arrest in Arizona triggers two separate proceedings, and many drivers do not realize this until it is too late. The first is the criminal case in court. The second is an administrative action by the Arizona Motor Vehicle Division (MVD) to suspend your driver's license — and this happens regardless of what occurs in the criminal case.
Critically, you have only 15 days from the date of your arrest to request an MVD hearing to contest the suspension. Miss that window and your license is suspended automatically. Because the deadline is so short and the process is separate, attorneys handle the MVD hearing as its own matter. Some bundle it into the flat fee; others charge an additional $500 to $1,500. When you compare quotes, always ask whether the MVD hearing is included.
Legal fees are only part of the total financial picture. A first-offense conviction under A.R.S. §28-1381 brings a cascade of additional, court-mandated expenses:
When drivers add up these downstream costs, the fee for a capable attorney who can reduce or dismiss a charge often looks like the most cost-effective part of the entire experience.
If you genuinely cannot afford to hire a lawyer, you are not without options. Under the Sixth Amendment and Arizona Rule of Criminal Procedure 6.1, you have the right to court-appointed counsel for any charge that carries the possibility of jail — and a first DUI under A.R.S. §28-1381 does. At your initial appearance in Maricopa County, you can ask the court to appoint a public defender, and the court will determine whether you qualify based on your income and assets.
Public defenders are fully licensed Arizona attorneys, and many are excellent, experienced trial lawyers. The trade-off is caseload: public defender offices in Maricopa County handle enormous volumes, which limits the individual time available for any one case. Drivers who can afford private counsel often choose it for the more individualized attention and the ability to pick an attorney who focuses specifically on DUI defense. There is no single right answer — the best choice depends on your finances and the complexity of your case.
Whatever your budget, a few practical steps help you spend wisely. Meet with more than one attorney — most offer a free or low-cost initial consultation. Ask each one exactly what the fee covers, whether the MVD hearing is included, and how the case would be handled if it went to trial. Get the fee agreement in writing. And do not let the lowest quote be the only factor; in DUI defense, the difference between an aggressive defense and a quick plea can be measured in jail days, license months, and years of insurance surcharges.
If you are looking for experienced representation, our directory lists Arizona DUI attorneys across the Phoenix metro who handle cases under A.R.S. §28-1381 and the related extreme and aggravated DUI statutes.
Our directory connects you with experienced Arizona attorneys across the Phoenix metro.
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