Understanding the Basics of Consumer, Financial and Personal Injury Law

What To Know About DUI Arrests And Bail

If you have found yourself in jail because of a driving under the influence (DUI) charge, you may be offered a chance to be released. Bail is a possibility for all but the most serious of DUI offenses, so read on to find out more.

Released and No Bail Required

In some cases, you may be able to get out of jail without paying bail. Own-recognizance or personal-recognizance release (OR or PR respectively) might be offered if you meet the requirements. Unfortunately, DUI offenders are often considered to be too high risk to be released. One of the main requirements for an OR release is that you refrain from committing more crimes, and people who drink and drive have the potential to repeat that mistake again. If you are considered a public danger, you won't be released on OR.

When Bail Is Offered

Depending on the circumstances of your DUI case, bail may not be offered. Felony DUI cases, where bodily harm to another occurred, may mean remaining in jail until your court date. Bail, like OR, carries with it conditions. For that reason, if bail is offered you may find yourself having to obey some rather strict bail conditions. For example, some common DUI bail conditions include:

  1. Surrender of your driver's license
  2. Staying in the local area
  3. A restricted driving license in which you may only drive during certain times or to and from work
  4. Keeping in contact with the courts
  5. Random blood alcohol testing

Bail or Bail Bonds: What's the Difference?

You usually find out the amount of bail, if offered, at your arraignment soon after your arrest. You can either pay the full bail charge or pay a bail bond agent a percentage of the bail amount. For instance, if you cannot afford to pay the bail of $7,500, you might be able to use a bonding agent and be released by paying 10% or more of that amount, or $750.

Contacting a Bail Bonding Agent from Jail

Not everyone has a friend or loved one to call on from jail, but you can usually make contact from jail and make your own arrangements. Many times, jails will offer inmates a list of agents, and a local bonding agent that is familiar with the court system in the area is highly recommended. Most of the time, you are allowed to use any cash or credit cards that were in your possession at the time of the arrest to arrange bail. If you do have a loved one or friend to help you, they should phone and then see the bonding agent in person. Once the bonding agent arranges for the surety bond, you will be released. Be sure to obey the bail conditions and appear in court to avoid additional charges. Speak to a criminal law attorney to learn more.


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