How Much Is DUI Bail?

You might be surprised to learn that not everyone arrested for driving under the influence (DUI) or driving while intoxicated/impaired (DWI) has to post bail. In fact, most DWI/DUI arrestees in the U.S. are released, pending trial, without doing so. Whether someone needs to post bail depends on several factors, as well as state law.

In this article, we discuss common considerations involved in determining bail requirements and amounts for DWI/DUI arrests. We’ll also explore some of the more effective arguments for release without bail and bail amount reductions.

If you or a loved one is facing DWI/DUI charges, you’ll want to speak with a qualified DUI lawyer licensed in your state. They can help you understand your options, including potential bail alternatives.

In the meantime, let’s begin with the basics.

What Is a DUI or DWI?

DUI and DWI are the legal terms used when someone is caught driving while under the influence of alcohol or drugs. Precise definitions vary by state. But many use the terms interchangeably, as we’ll do here.

Most states regard a blood alcohol concentration (BAC) of 0.08% or higher while operating a motor vehicle to be drunk driving. For drugs, there’s no universal limit. Instead, law enforcement may use various tools to determine impairment.

DUIs/DWIs are generally considered criminal offenses.

What Happens During a DUI Arrest?

A DUI/DWI arrest typically begins with a traffic stop or checkpoint where law enforcement observes signs of impairment. These signs could include erratic driving or the smell of alcohol. The officer may also use field sobriety tests (like walking in a straight line or standing on one leg) and/or a breathalyzer to estimate blood alcohol content.

If the officer(s) continue to suspect impairment, they may arrest the driver, read them their Miranda rights, and take them to the police station. There, law enforcement typically holds the driver in custody until they can post bail or release them until arraignment.

An arraignment is usually the first court appearance after an arrest, where a judge determines bail and/or pretrial release conditions. During arraignment, the judge also formally charges a defendant, advises them of their rights, and gives them an opportunity to enter a plea (guilty, not guilty, or no contest).

What Is Bail?

Bail is a form of pretrial release that involves paying money to get out of jail until your actual criminal trial. It’s a type of financial guarantee designed to ensure an arrestee returns to court for their trial. If they do, the court returns the bail. If they don’t, it keeps the money.

How Are Bail Amounts Set?

In many areas, the initial bail amount is set according to a predefined bail schedule for common offenses. Law enforcement officers often use these schedules to set bail at the time of booking, shortly after arrest.

Depending on the jurisdiction and the nature of the offense, this may allow a defendant to post bail and be released without waiting to see a judge.

Do All DUI Arrestees Post Bail for Pretrial Release?

No. A DUI arrestee doesn’t always post bail for pretrial release. Not everyone must, and not everyone can, post bail for release. While most DUI defendants are eligible for pretrial release on bail, the specifics will depend on state law, the severity of the offense, and the individual’s criminal history.

In some cases, a DUI arrestee may not have to post bail. We explore these scenarios below, as well as those where judges may deny bail.

Release on Own Recognizance

For many first-time offenses, a judge may grant release without requiring bail. This is known as “release on own recognizance.”

This release is common for first-time DUI offenders if they:

• Aren’t “flight risks” 
• Don’t have a criminal record
• Didn’t cause an accident or injury
• Had a BAC close to the legal limit
• Have ties to the community

When someone is released on their own recognizance, they usually must promise in writing to return for their next court hearing. Then, they’re let out of jail without posting bail.

Aggravating Factors

Aggravating factors in DUI cases are specific circumstances that make the offense more serious and can lead to denial of bail, higher bail amounts, or felony DUI charges.

Aggravating factors that often lead to bail denial include:

• Prior DUI convictions: Repeat DUI offenses, especially if recent or numerous
• Flight risk/danger to the community: Based on personal history or lack of ties to the community
• Accident/injury: If the DUI caused serious injury or death

In California, for example, a DUI causing great bodily injury may require a formal hearing before the court will consider release. These factors most commonly lead to denial of bail or strict bail conditions.

Aggravating factors that typically lead to higher bail amounts may include:

• Driver’s license suspension: Particularly if the suspension is due to a prior DUI
• High BAC: A BAC significantly above the legal limit (e.g., 0.15% or higher)
• Child in vehicle: DWI/DUI with a minor passenger
• Chemical testing refusal: Refusing a blood, urine, or breath test after a lawful DUI arrest
• Non-DUI criminal history: Especially involving violence or court date no-shows

If a defendant doesn’t get released right away, they may have to wait for a formal bail hearing. This usually occurs within 24 to 48 hours of arrest. However, the timeframe varies significantly by jurisdiction. Some states require arraignment within 24 hours, while others may allow up to 72 hours or longer on weekends or holidays.

What Is a Bail Hearing?

A bail hearing is the part of the arraignment process when the judge decides if a defendant can go home before their criminal trial.

The judge looks at things like the person’s criminal history, how serious the DUI was, and if they’re likely to come back to court. In some cases, the judge might set a high bail or even deny bail.

Additionally, the judge may impose strict bail conditions, like having to wear a SCRAM bracelet or use an ignition interlock device until trial.

How Much Does DUI Bail Cost?

The cost of bail for a DUI offense depends on the jurisdiction and the offense. Some states have eliminated or significantly restricted the use of cash bail and commercial bail bond practices. For example, New Jersey and Illinois replaced traditional cash bail systems with pretrial release frameworks, while New Mexico and the District of Columbia have started using similar reforms. Additionally, Oregon, Wisconsin, and Kentucky prohibit for-profit bail bond companies. In states that have moved away from cash bail, courts now rely primarily on risk-assessment tools to determine pretrial release.

It’s important to note that these amounts are in addition to court costs and any towing/impound fees that may accrue if your vehicle was towed at the time of arrest.

Do I Have to Pay the Full Bail Amount to Be Released?

Not necessarily. If bail’s required, paying the full cash bail amount to the court is one option. If you show up at all your court dates, the court usually refunds the bail.

In some cases, you might be able to use a property bond instead of cash, but the court must approve this arrangement, and it takes longer.

Bail Bonds

Alternatively, you can go the more common route and pay a bail bondsman a non-refundable fee (usually 10% of the total bail). The bondsman then covers the rest to secure your release.

In these arrangements, the bondsman recovers the full amount of bail they paid to the court if the defendant makes their court dates. If not, the court keeps it. As such, some bail bond agencies may refuse service or require collateral for defendants they consider risky.

What If I Can’t Make Bail?

If someone can’t post bail after a DUI arrest, they usually have to stay in jail until their court date. This could be for a few days, weeks, or even months, depending on how busy the court is and how serious the charges are.

Not only could this affect your income, employment, and personal responsibilities. It can also make trial preparation difficult, as access to resources, your attorney, evidence, and witnesses will all be limited.

What Can I Do?

If you’re unable to post bail, a DUI defense lawyer licensed in your jurisdiction just may be your most important ally. A qualified attorney’s familiarity with the state or county bail system can help them advocate effectively on your behalf.

In many cases, they may:

• Seek bail reduction: Your attorney may request the judge lower your bail amount by showing you’re not a flight risk and have strong community ties.
• Argue for release without bail: They may urge the court to reconsider release on your own recognizance.
• Pursue alternatives: Depending on the circumstances, your attorney might be able to negotiate bail conditions like electronic monitoring, court check-ins, or staying with a responsible family member instead of jail time.
• Challenge the bail decision: If your bail seems unfairly high to your lawyer, they’ll likely appeal the decision to a higher court.

An experienced defense attorney can present your personal situation to the judge in a compelling manner. They’ll likely focus on your job, family, or health to demonstrate that you aren’t a flight risk or a danger and will come back for your trial.

They may also provide some insight into the defenses they plan to argue at your trial. These might include:

• Unlawful traffic stop
• No probable cause for arrest
• Violation of Miranda or other constitutional rights
• Inaccurate chemical test results
• Improper field testing/procedures

In some cases, your attorney may be able to get you into pretrial release programs involving community service or house arrest.

Legal Advice for DUI and Bail

Legal guidance during the bail process can significantly increase your chances of release. Consider working with an experienced attorney in your state. You can share the details of your situation with them confidentially. They can help you understand your options and explain potential weaknesses in the case against you.

FindLaw’s directory of DUI defense attorneys and general criminal defense attorneys is a solid place to start. You can click on the state bringing charges against you to view information about local experts in the area.

Don’t let this derail your life more than it needs to. Enlist the help of a trusted advisor so that you can make informed decisions and enjoy the peace of mind that comes with legal guidance.