Posting Bail After a Drunk Drunk Driving Arrest
Those who say money can’t buy you happiness have probably never been to jail. Bail is simply a process that allows a DUI suspect to be released from jail in the exchange for money. This occurs after the booking process and it releases you from police custody. But paying money doesn’t get you out of your case. As a condition of your bail, you’re agreeing to appear in court when scheduled. This includes the criminal proceedings like arraignment, preliminary hearing, pre-trial motions and the trial if your DUI case goes that far.
Depending on your specific DUI case, you may not be allowed to post bail right at the police station after booking. If this occurs, a judge may later decide at a hearing or arraignment to release you on bail.
How is Bail Determined?
Sometimes, there is a bail schedule. This means that the bail amount has been predetermined. If there is no bail schedule, the judge may decide on a monetary figure. The judge bases the amount on factors including the severity of the DUI offense, criminal history, and family, community, and job requirements.
What If I Can’t Afford to Post Bail?
In the days of credit cards and financing, bail too can be worked around thanks to bail bondsmen and bail agencies. A bond is a promise that the entire bail amount will be paid in full if you fail to appear in court when requested. These bonds are acquired through an agency and they charge usually a 10% fee of the bail amount. Agencies also sometimes stipulate collateral before posting bail (i.e.: your car, house or other personal property).
Sometimes, a DUI suspect will be released without having to post bail at all. This is called own recognizance release. Here, the suspect will agree in writing to appear to all court proceedings. Again, the judge will consider the same factors as they consider when deciding to release a suspect on bail. It is important to get the advice of a DUI attorney before making any decisions.