If you’ve been arrested for driving under the influence (DUI), you might be wondering how to post bail and what that means for your case. Posting bail after a DUI charge allows you to get out of jail while you wait for your court date. It’s important to understand how bail works, especially in DUI cases, because the amount of bail and the process for posting it can vary based on the circumstances of your arrest.
Perlman & Cohen helps you navigate the legal process, offering guidance on how to post bail after a DUI charge and preparing you for your DUI case.
When you are arrested for a DUI, bail may be required to secure your release; however, bail is usually NOT required in most DUI cases. Most people arrested on suspicion of DUI are released on their own recognizance a few hours after their arrest. Ultimately, bail decisions depend on factors like your criminal record, prior DUI conviction, and whether you are considered a flight risk. Having a skilled attorney can help ensure you understand all the options available to you for posting bail.
Bail is a financial arrangement that ensures a person will return to court for their trial or hearing. If you post bail, the money is held by the court until the case is over. If you attend all your required court dates, you will get the bail money back at the end of the case, minus any court fees. However, if you miss court appearances, the bail is forfeited.
Posting bail allows you to have the freedom to work with your criminal defense attorney. With your attorney’s help, you can review the evidence against you, such as blood alcohol content (BAC) tests or any complex evidence, and prepare a solid defense.
Bail helps you stay out of jail and take the necessary steps to handle your DUI case, including attending court appearances and complying with legal requirements.
The amount of bail set after a DUI charge can depend on several factors. In some cases, a judge will set the bail amount during a bail hearing, while at other times a bail schedule may be used.
Here's how bail is set and the different factors involved:
In some counties, a bail schedule is set in advance for common offenses like DUI. The bail schedule recommends a set bail amount for certain charges, like driving under the influence.
The judge may refer to this schedule when deciding the bail amount, although they can adjust it depending on the specific circumstances surrounding the case. If you are arrested, your bail may be set based on this schedule, or you may need to attend a bail hearing.
If the bail schedule does not apply, or if a higher bail amount is recommended, you will have a bail hearing. During this hearing, the judge will review the circumstances surrounding your DUI charge, your criminal history, and other factors before deciding on the bail amount. A judge has discretion and may decide to set a higher or lower amount based on their evaluation of your case.
If you cannot afford to post bail, you still have options to secure your release. The court may allow you to post bail with the help of a bail bondsman or other means. Here’s how these options work:
A bail bond is a service provided by a bail bondsman, who will pay your bail for a fee, usually 10% of the total bail amount. This option allows you to get out of jail without having to pay the full amount. However, the fee paid to the bail bondsman is non-refundable, even if you attend all your court dates.
If you do not have enough cash to post bail, you may be able to offer collateral to the bail bond company. Collateral could include property or other valuable assets. If you fail to show up for your court dates, the collateral may be seized to cover the bail amount.
When you are arrested for a DUI, posting bail is a necessary step to secure your release from jail while you await your trial or court appearance. There are several options for posting bail, and the right one for you depends on your financial situation and personal preferences.
Here are the most common types of bail options, giving you the flexibility to choose the one that works best for your circumstances:
Cash bail is the simplest and most straightforward form of bail. With cash bail, you pay the full bail amount in cash directly to the court. This means that you need to have the entire bail amount available. Once the case is over and you have attended all of your court appearances, the court will return your bail money, minus any court fees.
This makes cash bail a good option if you have the financial means to cover the full amount upfront. However, if you are unable to pay the full bail amount, you may need to consider other options, such as a bail bond or property bond. Cash bail is also a good choice if you want to ensure that you get your money back after the case is finished, provided you meet all of the court’s requirements.
A surety bond involves working with a bail bondsman, which is a company or individual that specializes in providing bail services. Instead of paying the full bail amount yourself, the bail bondsman will pay it on your behalf in exchange for a fee, typically around 10% of the total bail amount. This fee is non-refundable, meaning you will not get it back, even if you attend all your court dates.
The bondsman guarantees that you will show up for your scheduled court appearances, and if you do not, they will take legal action to recover the full bail amount. This could include hiring a bounty hunter or using any collateral you provided. A surety bond is a good option if you do not have enough cash to pay the full bail amount but can afford the bondsman’s fee.
A property bond allows you to use valuable property, like a house or car, as collateral for your bail. This means that if you do not have enough money to pay the bail amount in cash or through a bond, you can offer something of value to the court to secure your release. The court will place a lien on the property, which means they have the right to take possession of it if you fail to appear in court. If you attend all your required court dates and the case is resolved, your property will be returned to you.
However, if you miss a court date, the court can seize the property to cover the bail amount. A property bond is useful when you own valuable assets but cannot afford the full cash bail amount. This type of bond can be an effective way to avoid jail time while still meeting your legal obligations.
After posting bail for a DUI charge, you may wonder if you can get your money back once your case is over. Whether you can recover your bail depends on how it was paid and the outcome of your case.
Here's when bail can be refunded and when it is not refundable:
If you paid cash bail, you can typically get the money back after your case is finished, as long as you attended all of your court appearances and followed any conditions set by the court. Once the case is over, the court will return the bail money, minus any fees or expenses. If you miss a court date, however, you may lose your bail money.
If you used a bail bond, the fee you paid to the bail bondsman is not refundable. This fee, usually about 10% of the bail amount, is paid to the bail bond company for their service in posting bail on your behalf. Even if you attend all your court dates and the case is resolved, the bondsman keeps this fee, and you will not get it back.
After you post bail for a DUI charge, it’s important to follow the rules and stay on top of your legal responsibilities. Doing so will help you avoid further legal trouble and prepare for your upcoming court date.
Here are the key steps you should take after posting bail to ensure a smooth process:
Once you are out on bail, you must follow all court orders and conditions set by the judge. This may include things like attending alcohol education classes, not drinking alcohol, or using an alcohol monitoring device. If you fail to follow these rules, you could be arrested again, and your bail may be revoked.
It is very important to stay in contact with your DUI attorney after posting bail. Your DUI attorney will guide you through the next steps, explain what to expect at your court appearance, and help prepare your defense. Keeping open communication with your lawyer ensures you are fully prepared for your DUI case.
A felony DUI occurs when a driver has a previous DUI conviction or causes serious injury or death while driving under the influence. If you're facing felony DUI charges, the bail amount can be significantly higher due to the seriousness of the charges. The judge decides the bail amount based on factors like your previous convictions and whether public safety is at risk.
In certain circumstances, you may be released without paying any bail, also known as being released on your own recognizance. This is more likely if it's a first-time offense, you have no prior criminal record, and you have no history of flight risk. The judge decides whether this is an option based on the details of your DUI offense.
The arraignment hearing is where the defendant is formally charged and enters a plea. After posting bail, you will be required to attend this hearing. The judge will set the arraignment date, and your attorney can help you prepare for this crucial step in the legal process. It is important to attend the hearing to avoid any additional violations or complications.
First-time offenders may have a better chance of securing bail, especially if there are no serious charges or violations involved, such as DUI refusal or a BAC greater than the legal limit. The judge may lower the bail amount or release you without any bail required, depending on the circumstances. However, you still need to follow all court orders and appear at the scheduled court dates.
Yes, a family member can help pay bail for the defendant after a DUI arrest. They can pay directly to the court or work with a bail bondsman to secure bail. However, the defendant must comply with all court orders and conditions of release to avoid any further issues. If the bail bondsman is involved, a non-refundable fee will also apply.
After a DUI arrest, the booking process involves recording personal details and any charges. During this process, a bail schedule may be set. In some cases, the bail may be adjusted by a judge if the defendant has prior convictions or is considered a flight risk. Certain circumstances, like the severity of the DUI offense or whether there was a violation of probation, could also influence the bail amount.
Yes, you can still post bail even if your BAC was greater than the legal limit or if you refused chemical testing. However, a BAC greater than the legal limit or a DUI refusal can lead to more serious charges, and the judge may set a higher bail amount or impose more strict conditions for your release. In some cases, the judge may decide that a higher bail is necessary due to the seriousness of the charges.
If you've been arrested for a DUI and need assistance with posting bail or navigating your criminal case, Perlman & Cohen is here to help. Our experienced DUI lawyers understand the complexities of DUI charges and are committed to working with you to achieve the best possible outcome. We offer a free confidential consultation where we’ll review your case, explain your options, and provide the legal guidance you need moving forward.
From securing bail to preparing a strong defense, we are here to support you every step of the way. Don't face these serious charges alone. Contact us today to schedule your free consultation and take the first step toward resolving your case. Let us help you get back on track with the expert legal representation you deserve.
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