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DUI Bail

If you have been arrested for driving under the influence (DUI) or driving while intoxicated (DWI), the court may require you to "post bail" in order to remain out of jail while you wait for your trial. Bail helps the court ensure that those accused of a crime show up for required court appearances and follow the court's instructions.

Your bail will be returned so long as you do as the court instructs you. However, if you fail to do so the court keeps the money. To learn more about DUI bail as well as your legal rights, continue reading or contact a DUI lawyer as soon as possible.

DUI Bail Bonds

If you are arrested for DUI and bail has been set, one of your options for paying your bail is to use the services of a bail bondsman. A bail bond is basically a loan you take out from a bail bondsman if you don't have the money to post bail. Typically the bail bondsman requires you to provide some sort of collateral or guarantee before agreeing to post bail for you.

The fee for a DUI bail bond is usually about 10 percent of the value of the bail bond. If, however, you fail to follow the court's instructions, the court will keep the money and you will owe the bail bondsman the full amount of the bond.

DUI Bail Cost

Some people who are arrested for DUI are released on their own recognizance; that is, with no bail. If bail is imposed, the amount may be pre-determined by a "bail schedule" or decided by the court. A bail schedule is essentially a list of crimes, with pre-established bail amounts assigned to each crime.

The DUI bail cost figure imposed by the court may depend on any number of factors. If it is a DUI first offense with no aggravating factors (other factors which would weigh against the person arrested), the court may decide to release the defendant on his or her own recognizance. In other cases bail may be imposed. For first-time offenders the cost of DUI bail can range from $150 to $2,500. The amount depends on the jurisdiction, the judge and any aggravating factors, such as a criminal record, and mitigating factors (those weighing in favor of the accused), such as ties to the community and military service.

DUI repeat offenders, as well as those accused of a DUI/DWI offense involving aggravating factors, can expect not only a steep bail cost figure but also DUI jail time and other serious DUI consequences. In some jurisdictions the cost of bail may be set as high as $100,000 for a felony DUI charge. But while judges have significant leeway in deciding bail, this does not mean they can set it at whatever amount they want, regardless of the factors involved. The Eighth Amendment specifically forbids courts from setting excessive bail. By hiring a DUI attorney you increase your chances of being treated fairly in court.

DUI Lawyers

If you have been arrested for driving under the influence (DUI) or driving while intoxicated (DWI), you should strongly consider contacting a DUI lawyer. Lawyers specializing in DUI cases can advise you on all aspects of your case, including DUI bail. Contact an experienced DUI attorney today to make sure your rights are protected. To learn more about important factors related to your DUI case, refer to other articles in this section.

[Last revision: July 26, 2011]



Did You Know?

The bail process usually begins within 48 hours of arrest. Hiring a bail bondsman can sometimes help expedite the process.


FACT:

The 8th Amendment to the United States Constitution guarantees your right to bail that is fair and affordable.