Just what is DUI bail? After your arrest for driving under the influence, one of the ways you can get out of jail is by paying a specified amount of money at the jail, also called paying bail. Several conditions are usually attached to your bail and release from jail.
You may be able to ask family members or a friend to pay your bail so you can get released from jail and begin working on your defense. The judge may set your bail at an amount you, your family or friend cannot afford to pay. In this instance, a bail bondsman can put a percentage of the money down for you. If you fail to appear for hearings or leave town, you, your family or friend would be required to pay the full bail amount. When you cooperate with the judge, appearing for all hearings and staying out of trouble, the bail money is returned in full.
Depending on the severity of your DUI offense, you may not be able to get out of jail right away. When this happens, you appear before the judge, who decides how high your bail should be during a bail hearing. He decides how much bail you should pay depending on your prior DUI record and driving history, your ties to the community, family and employment, and the seriousness of the charges against you.
More serious consequences await you if you are a repeat DUI offender, caused an accident, injured or killed someone. A high BAC can also result in a high bail amount, especially should you be charged with felony DUI. In more serious cases, or if you don’t have very much money, you may need to contact a bail bond agency. The bondsman may agree to pay 10 percent of the bail the judge has set. This is called bond, and is considered to be a written guarantee that the full amount will be paid if you disobey the judge. The bond agency has the right to require that you pay collateral since it is risking its own money if you jump bail.
When you pay bail, you are making a promise to the court that you will not drink and drive and you will be present for all court proceedings, including your arraignment, preliminary hearing, all pre-trial hearings and your criminal trial.
If you have been charged with a serious DUI offense, the judge may decide to require you to pay a high bail amount. Courts in some jurisdictions have the right to charge as much as $100,000 for a felony DUI, but the Eighth Amendment from the United States Constitution forbids judges from charging too high a bail amount.
First time offenders may be required to pay anywhere from $150 to $2,500 for their bail. This depends on the seriousness of the offense and the jurisdiction. Any potential aggravating factors may also affect the bail amount.
Factors that are in their favor can also affect the amount of their bail. These include ties to the community, past military service and lack of a criminal record.
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