What is an availability fee in a retainer agreement? Will it be used for future court expenses?

A retainer can cover the entire legal matter depending on what you agree to with the lawyer. Consult further regarding this issue.

I am unsure what an availability fee would be. I don't have any such thing in my retainer so I wouldn't know unless I saw the agreement. A $750 flat fee for an OWI? That would depend on what county it is in. If you would like a further response, let me know what district court has your case.

You have asked a multiple of questions. A retainer is strictly an advance payment for the services being offered. Some retainers state that the fee would not be forfeited even if he did little to nothing. An availability fee "guarantees" that the attorney would be available to handle your case in a timely manner regardless of his case load. You are generally charged for all work done after the availability fee is used up. That said, some pocket the availability fee and, then charge you for every minute of work done. You can get fixed fee representation. I suggest you contact your county's lawyer referral service. The normal fee for DUIs start at $3,000. It escalates above this depending on the complexity of the case and whether you go to trial. Finally, never sign a document you do not understand.

Honestly, you are not going to get an attorney worth his/her salt on a DUI refusal case for that amount. While retainer agreements are subject to negotiated terms, you are very unlikely to retain an attorney for all contingencies - including a trial and pre-trial motions - for that amount. Once the attorney becomes the attorney of record by making a court appearance on your behalf, he/she has to be "relieved" by the judge, and simply not getting enough money from the client at the outset is not sufficient legal justification. So, if he/she did not get the plea agreement you were looking for, he/she is stuck doing more work for insufficient compensation. How hard do you think he/she is going to work for you if he/she has not been paid enough? On the other hand, if the judge grants his/her motion to be relieved you will have lost your retainer fee and will then have no attorney. And heck, you may have some terrific defenses and should not be taking a deal at all! Do yourself a favor: hire a qualified DUI defense attorney and get the best result. If you cannot afford to hire a good attorney, you will be appointed a public defender.

All I can tell you is, if all you're spending is $750, you won't get anything. You get what you pay for pal. I suggest you go and hire a real Driving Under the Influence specialist, otherwise you might as just represent yourself and go plead guilty.

Are you talking about a Department Motor Vehicles refusal hearing? I don't think that can be plead out.