Drunk Driving

Drinking and Driving

Whether you or a loved one is arrested for DUI (drunk driving) or murder, a misdemeanor or a felony, one of the first priorities is to get the accused released from custody.

Release may be by way of a simple promise to appear, also known as being released O.R., or 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 secure 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 amount. These are the "presumptive" bail amounts, but the actual amount of bail can be deviated either higher or lower, depending upon the facts of the case and the background of the accused.

The purpose of setting bail is two-fold: it is to ensure the presence of the accused at future court proceedings, and it is also to safeguard the community. There are many factors to consider: The bail schedule, seriousness of the offense, previous criminal record of the accused, whether the defendant has ties to the community, owns property, or is employed, and many others.

Bail is a complex issue, and there are many special rules that apply to certain types of cases. For example, in a DUI (drunk driving) case, an accused will not be released until sufficient time has passed for their blood alcohol concentration to drop below certain levels. In domestic violence cases, even misdemeanors, O.R. release is prohibited by the arresting agency. In cases involving drugs, or criminal enterprises that were alleged to have made money for those accused, a source of bail hearing may be required. This is a hearing where the defendant must show that the money used to secure his or her release is not the fruit of criminal activities.

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 is the most widely used.

A good bail bondsman provides an invaluable service. In exchange for the bondsman’s fee (which is usually 10% of the amount of the bond, with or without collateral), a good bondsman will forego sleep in favor of going to a police station or county jail, filling out necessary paperwork, and even driving the accused home and ensuring that they have a hot meal on the way.

Additional Information: Drinking and Driving

California Drunk Driving > Drinking and Driving