Bail in DUI Arrests

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Drivers arrested on suspicion of DUI in California are either released on their own recognizance, also known as OR, or must post bail in order to get out of jail. Bail in drunk driving cases is set just as in any other criminal case. Most counties have a bail schedule that outlines the bail requirements for each offense.

Many jurisdictions will release most driving under the influence suspects on their own recognizance, which means the driver won’t have to post bail. However, even if the driver is released on OR, DUI suspects typically must remain in jail for a certain number of hours, until police are certain that the driver is sober. This is designed to protect the arresting agency from liability – if an accused drunk driver was involved in an injury accident after being released from custody, the arresting agency may be held responsible.

While many jurisdictions release drunk driving suspects on their own recognizance, others require bail to be posted, even for misdemeanor offenses. Accused motorists who refused to submit to a chemical test, who had a blood or breath alcohol level (BAC) of .20 percent or greater, or who were involved in an accident are likely to be required to post bail.

Felony DUI cases always require bail to secure the driver’s release. Bail in a felony DUI arrest will typically be $100,000 or more. Bail bond firms typically require a down payment of 10 percent of the bail amount in order to secure a driver’s release.

The legal ramifications of a California drunk driving arrest are extremely severe, and a skilled attorney can help to arrange bail and protect the driver’s rights. The experienced attorneys of the Kavinoky Law Firm will help to secure the accused driver’s release and craft a defense strategy designed to minimize or even eliminate the consequences of a drunk driving arrest.

Darren Kavinoky
Darren Kavinoky
Founder at 1-800-NoCuffs
Darren Kavinoky is the founder of 1.800.NoCuffs–The Kavinoky Law Firm and is known as an award-winning criminal defense attorney.

The American Trial Lawyers Association has named him one of the “Top 100 Trial Lawyers in California” each year since 2007. Los Angeles magazine has identified Darren as a “SuperLawyer” every year since 2010. Darren received an “AV Preeminent Rating” by Martindale-Hubbell (a peer review ranking that signals the highest level of professional excellence and ethics); a perfect 10.0 Rating by (an independent attorney ranking site), and many other accolades.