Bail for DUI (How are Bail Amounts Determined in DUI Cases?)

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.

How are Bail Amounts Determined?

If you recently got your first DUI, you may find it easier to come out on bail. However, depending on the circumstances of your case, you may still be denied bail, even for your first offense. The bail schedule is determined separately in each jurisdiction. The judge can set bail depending on several factors, which may include:

The severity of the crime
Your blood alcohol concentration (BAC) at the time of arrest
Whether or not you have a criminal record or are on probation
Your financial situation (i.e., whether or not you can afford to pay bail)
Whether or not you are considered a flight risk
The judge

Other aggravating factors include the nature of the charges against you, your driving history, and what kind of vehicle you were driving, if there are multiple offenses in this incident, among others. In some cases, if you are granted bail, your vehicle may be required to be fitted with an alcohol monitoring device.

Related Article: Can You Get a DUI on Adderall?

What's the Difference Between a Citation and a Notice to Appear?

If you are arrested for a DUI, you may be issued a Notice to Appear (NTA) document. The NTA will list the charges against you as well as a court date. You or your attorney must appear on this date otherwise a warrant will be issued for your arrest. Fortunately, in most misdemeanor DUI cases, a DUI defense attorney may appear in court on your behalf, so you can avoid stress, anxiety, and time expenditure.

Also Read: High Paying Jobs You Can Get With a DUI

How Do I Post Bail in a DUI Case?

Posting bail in DUI cases involves furnishing money in exchange for being released from custody. The money is fully refundable after the case is over, so long as all court appearances are made by the defendant or their attorney.

In some cases, property such as a home may be appraised and put up as collateral instead of cash. In order to utilize a property bond, the real estate must first be appraised and the bond must be accepted by the court.

Related Article: How Much Does a DUI Cost in California?

If I Do Not Post Bond for a DUI, Will I be Released "OR" (On My Own Recognizance)?

In some DUI cases, a defendant will be released on their own recognizance, or OR, meaning that they will be released from custody based upon their signed promise to return to court on the prescribed date. When a judge is determining OR, they will look at 2 factors:

1) Is the defendant a flight risk? (Meaning, will they make future court appearances if they are released from custody?), and
2) Will the accused be a danger to themselves or the community if they are released from custody?

In DUI cases, judges are typically most concerned with the 2nd factor, as public safety is a major issue whenever drinking and driving are concerned.

FAQs

What are aggravating factors that can increase the bail amount for a DUI?

Aggravating factors include a high blood alcohol concentration (BAC), involvement in an accident, causing injury or death, having minors in the vehicle, and prior DUI convictions.

Can I request a bail reduction for a DUI charge?

Yes, you or your attorney can request a bail reduction at a bail hearing by presenting arguments and evidence that you are not a flight risk and will comply with court requirements.

What happens if I cannot afford to pay the bail amount?

If you cannot afford bail, you may remain in jail until your court date, or you can seek help from a bail bondsman, who typically charges a non-refundable fee (usually 10% of the bail amount) to post bail on your behalf.

Are there alternatives to paying bail for a DUI charge?

Alternatives may include being released on your own recognizance (ROR), where you promise to return to court without paying bail, or supervised release programs that monitor your compliance with court conditions.

Related Articles:

See all related car accident lawsuits our lawyers have taken on.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers focusing on plaintiffs' representation in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

Bail for DUI How are Bail Amounts Being Determined?