DUI Bail and Booking

Driving under the influence of alcohol (DUI) has become a more serious offense in many jurisdictions in this country in recent years.  Many courts are imposing stiffer penalties and some arresting officers have the power to suspend a driver’s license even for a first offense, if they refuse to take a breathalyzer test at the scene of the traffic stop.  In addition, DUI penalties may include jail time, stiff fines, and license revocation for longer periods for repeat offenders.  That being said, when someone is stopped on a DUI charge, they generally face a trip to the jail facility, processing, and bail before they can leave, although those processes can vary depending on the offense and the offender’s prior arrest record.

DUI Bail

DUI bail can depend on a number of factors.  In some cases, an offender can be released on their own recognizance, with the promise that they will appear when their case comes before the court.  In other cases, the offender will be required to post DUI bail as a guarantee that they will appear on the appointed court date.  Still others may need to call a bail bondsman to post the required DUI bail, because that bail is set so high. 

The factors determining into which category an offender falls into, which also determines the bail amount, include:

• The degree of intoxication, or the blood alcohol level above the maximum .08%
• The previous driving and DUI record, if any, in that jurisdiction
• The offender’s family status and employment record

DUI Legal Process

Generally, an offender is processed in the police station, which includes:

• Background and criminal record checks,
• Fingerprinting and photographing the offender
• Placing them in jail.

Often, no matter what the judge orders for the long-term, in the short-term, the offender is kept in jail until their intoxication has worn off.  This is often to protect the arresting agency from liability if someone were to leave the station, drive drunk again that day, and cause an accident and/or injuries.

Arraignment for DUI

In many cases, an arraignment is held shortly after the booking, and the offender has the right to obtain counsel.  That is also when the DUI bail amount may be adjusted.  In many cases, those charged with DUI plead guilty; pay their fine, and the process ends.  In others, if the offender believes they were arrested in error or that their charges and bail are too high, they may seek counsel to lower them, as well.

Help from a DUI Lawyer

Drivers charged with DUI have the right to pursue a defense, even though many times there is strong evidence of their guilt and it may be difficult to mount an effective argument.  Every citizen has the right to representation, and that includes those who appear to have strong cases against them.  Those charged with DUI are no different, and should consult an experienced DUI attorney to represent them, even in their DUI bail hearing, if they feel their rights are not being protected.  While the costs of that representation may appear high, in some cases it may be a great deal less expensive than the financial consequences of a conviction on DUI charges in today’s culture.