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.
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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.
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