Posting bail for a DUI
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When you get pulled over and subsequently arrested for a DUI, your first goal after being booked or processed through the police system is to get out of jail and back to your life. One way to do that, if you can, is to post bail. You can post bail immediately after being booked at the police station, or if you are not allowed to post it there, a judge may decide later whether to allow your release on bail or not. When you agree to post bail, you are agreeing to pay money in order to obtain your release, and you also agree to reappear in court for all scheduled appearances for you DUI charge. If you fail to appear for a court date, you can be immediately arrested without the chance for bail and have to stay in jail until your case is dismissed or your sentence is passed. The following has to do with how bail is determined and posted for your DUI charge so you can be released:
- How Bail is Determined: Bail Schedule or Monetary Value
- Filing a Bail Reduction Motion
- How Bail can be Posted: Cash or Bond
- No Bail: Own Recognizance
How Bail is Determined: Bail Schedule or Monetary Value
Bail is set one of two ways for a DUI charge. The first is by a "bail schedule." The bail schedule for each county is different, but is adopted from a countrywide bail schedule, then factors for the specific area are taken into consideration and the county bail schedule is set, which is why the same DUI crime could have different bail amounts in different counties or states. The bail schedule is simply a guideline for the judge in determining the bail to be set for their specific cases determined by the circumstances of the DUI arrest. Bail shouldn't be a punishment in and of itself, just a guarantee that the defendant will show up to his court dates, which is why impoverished persons typically have much lower amounts to pay than the wealthy. The typical bail set by the countrywide schedule for first time DUI defendants is $200 - $1000 depending on the circumstances surrounding your arrest. The bail schedule amount is more with every repeat offense or if you are charged with a felony DUI.
The second way bail is determined for a DUI charge is a monetary amount set by the judge. There are several determining factors on how much your bail will be set for, if at all, when the amount is chosen by the judge. The first and most influential is your DUI record and criminal history. If you are a repeat offender, bail will be a larger amount than if it is your first DUI arrest. If you have a record of being involved in criminal behavior, or if you haven't shown up for a court date before, you can expect your bail to be set higher, or to not get a chance to be released at all.
The second determining factor is how serious the circumstances surrounding your arrest were. If someone was injured or killed or there was extensive property damage due to you driving drunk, you'll be facing felony charges rather than the Class B misdemeanor that most DUI arrests fall under, so your bail, if you get the opportunity to pay it, will be much higher.
The third determining factor is your ties to the community, family, and employment. If you have strong ties, you are more likely to stick around for your hearing, so the judge can set the bail lower. If your ties are weak, you are known for being transient, or have enough money to make you a flight risk your bail amount could be set for much higher.
Filing a Bail Reduction Motion
Occasionally the amount for bail that the judge sets or the bail schedule amount may be too high for you to pay. If that is the case, you have the right to file a bail reduction motion. Bail is a simple reassurance that you will appear in court for your scheduled hearing, so if the amount is too high for you to pay, you can ask the judge to lower it based on your financial status, if no one was hurt while you were driving drunk, or other factors. The application to reduce bail must be filed within the time allotted in your area.
If you can show the court that you are not a flight risk, that you own property in the area, and that you are not a danger to the community, you are more likely to be able to get your bail amount reduced or be let go without bail at all.
How Bail can be Posted: Cash or Bond
When bail has been set to get you out of jail on your DUI charge, it can be paid in one of two ways. The first is cash. You, your family, friends, and anyone over the age of eighteen who is willing to help you out can obtain the bail amount to pay the court for your release. If you can't afford to pay bail yourself, there is another option.
Bail can be posted through a surety bond. You can obtain a surety bond through a bondsman or bond company. You will pay the bond company a percentage of the amount of the bail and they will post the bond for you which they will pay the court if you don't show up to your court dates. There are several ways to secure a bond. The way you choose will depend on if you have the cost of the premium, which is typically 10% of the bail amount, or if you have collateral.
The first way a bond can be secured is if you have the premium and collateral. If you have both, and don't know how much bail will be, the bond company will find out for you and file all the necessary paperwork with your assistance. If a home is being put up for collateral, all persons whose names are on the title have to agree and sign the paperwork for the bond.
The second way to secure a bond is if you have the premium, but you don't have any collateral. If you pay the premium in full up front and the bond is less than $100,000, for most companies and more for others, then collateral is usually not required. Contact the bondsman or bond company for specifics as their guidelines vary.
The third way to secure your bond for bail is if you don't have the premium up front, but you have collateral. Typical collateral, as mention before is a home. If you have sufficient equity in your home to cover the bond amount plus the premium, many bond companies will work out a payment system with you for the bond. This way works well if you have an income that will allow you to make monthly payments, or if you have a large amount of cash coming your way from a tax return, cashing in a 401k, or other means. Each bond company works a little differently on this solution and can help walk you through the best solution for you.
If you have part of the premium and some collateral, though not enough to cover the bond amount, most bond companies will still work with you. They will set up a payment schedule with you and work with you on what you can use for collateral. Collateral is most often a house, but it can also be a vehicle if you or the co-signer on the bond own the vehicle and it meets the requirements set by the bond company. Other items of monetary value can be used as well. Contact the bond company for specific items they will accept as collateral.
If you don't have the premium or collateral, you will need to find someone who will put up one or the other on your behalf. Bondsman and bond companies won't put themselves at risk for free, and paying someone else's bail is a risk for them.
No Bail: Own Recognizance
In some situations, like your first DUI arrest, or if no one was hurt in the circumstances surrounding your arrest, the court will allow your release with no bail amount. This is called "own recognizance" release. No bail is paid and no bond is posted with this type of release is granted, but you will have agree in writing to appear for all court dates. Other restrictions are typically put on you as well, like not being able to leave the jurisdiction while the trial is ongoing and having to contact an officer of the court periodically to check in. If you are released on own recognizance and fail to appear in court for a scheduled date, you are subject to immediate arrest, and probably won't be able to be released on bail.
Basics of posting bail
There are two common ways that an arrested individual may be bailed out of jail. These are posting cash bail at the jail, and contacting a licensed bail agent to post a bail bond on your behalf. Let's take a look at these two options.
Posting Cash Bail:
After the judge has set the bail amount, the bail can be paid in full either by the defendant of someone other than the defendant. Then they will be released under the condition that they will return for the trial. If the person does not show up for trial, they lose the money that was posted as bail. If they do show up, the bail money is held until the trail is over, and the case is resolved, and then it is going to be returned to whoever posted it in the first place.
There is no way to get your bail money back if you do not return to court. The full bail amount is forfeited to the court if you no-show, but in addition to that, a warrant will be issued for your arrest. Any failure to appear at required court appearances will result in this happening.
Often times bail is set at a high amount in order to make it more difficult to reach, especially if someone is considered a flight risk. However, it is possible to post bail even if you do not have the money yourself to do so. This leads to option two.
Contacting a Licensed Bail Agent:
Basically if you do not know someone who will post bail for you, and you can't do it yourself, you can contact a licensed bail agent. A bail agent will attain collateral and premium when bail is posted to ensure that the defendant will appear in court for their criminal trial. The collateral they collect is up to them, it might be a car, cash, real estate, or even just a signature. However, the premium is usually 10% of the bail amount. If you attend your required trail appearances and the case is resolved, you will get your collateral back, and the bail agent will get their bail back, but you must pay them 10% of the bail amount for giving you the loan.
If you use a bail agent and you do not show up at your required court appearances, the bail agent may send a bounty hunter to locate you and return you to face your trial. It is in your best interest to comply with the agreement initially discussed between you and your bail agent, as a bounty hunter is not going to be very nice.
