DUI Bail

After a person is arrested and booked for driving under the influence, he or she may be subject to DUI bail. Bail is a process where the suspect pays a predetermined amount of money to be released from police custody. As a condition of this release, the suspect must agree to attend court for all criminal proceedings. This includes arraignment, the preliminary hearing, pre-trial motions, and the actual trial. Should the suspect miss any court appearances, his or her bail money will be forfeited and an arrest may be made.

Bail laws differ from state to state. Typically, a suspect charged with a non-capital crime is eligible to be granted bail. There are several types of bail. The first is recognizance. The suspect must promise that he or she will attend all court proceedings and will not commit any illegal acts. The court sets a monetary amount that is not paid unless the court orders that it is forfeited.

Surety is when a third party takes on the debt or obligation of the defendant (such as a bail bondsman). The bondsman receives 10 percent of the bail money up front and keeps it whether or not the defendant shows up in court. In areas that prohibit bail bondsmen, the court demands a certain percentage of the bail, which may be returned if the defendant does not violate the terms of bail.

In some cases, the court may only accept cash bail. Often, bail consists of a combination of the above. There may also be conditions of arrest. For someone who is arrested for driving under the influence, these conditions may consist of drug testing or alcohol counseling.

Bail is determined based on the suspect’s DUI record, driving history, seriousness of the crime, and whether anyone was injured. The judge will also look at the suspect’s ties to the community, his or her family, and employment before determining the amount of bail.

If the suspect cannot afford the bail, a bond may be posted instead. A bond is a guarantee that if the suspect does not appear as promised, the entire amount of the bail must be paid. This may be obtained through a bail bond agency, though they may require extra collateral, and the bond must be paid by the agency if the suspect jumps bail.

Do you have a question about DUI bail? Contact a lawyer today.