DUI - DWI and Bail

If you or a loved one is arrested for misdemeanor DUI (drunk driving) or a felony drunk driving charge, one of the first priorities is to make sure the accused is released from custody.  The best way to do this is to call an experienced attorney immediately.  He or she will be able to give you all of the information you need about bail and other ways to get out of custody.

In some cases, a person’s release may be by way of a simple promise to appear, also known as being released O.R., (on one’s own recognizance). However, for more serious misdemeanors or felonies, or where the accused has a prior record, posting bail may be required to ensure release.

Most counties have a "bail schedule", which is simply a list of various Penal Code, Vehicle Code, and Health and Safety Code violations and a corresponding bail amounts.  Keep in mind that these are only the "presumptive" bail amounts.  The actual amount of bail can be shifted higher or lower depending upon the facts of the case and the background of the accused.

The purpose of setting bail is two-fold.  The justice system wants to ensure the presence of the accused at future court proceedings.  Additionally, bail helps to safeguard the community. When setting bail, there are many factors to consider: the bail schedule, the seriousness of the offense, previous criminal record of the accused, whether the defendant has ties to the community and many others.  Once bail has been set, it may be posted in one of several ways: cash bail; Government bonds or real property; or a bail bond. The last method is the most widely used.

A good bail bondsman provides an invaluable service. In exchange for the bondsman’s fee (which is 10 percent of the amount of the bond, with or without collateral), a good bondsman will forego sleep in order to go to a police station or county jail, fill out necessary paperwork, drive the accused home and ensure that he or she has a hot meal.

Bail is a complex issue, and there are many special rules that apply to different types of cases. For example, in a DUI (driving under the influence) case, an accused will not be released until sufficient time has passed for his or her blood alcohol concentration to drop below certain levels.

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