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California DUI / DWI arrests sometimes result in the accused remaining in custody until he or she can post bail. Following a California DUI / DWI arrest, drivers are either cited and released on their own recognizance (OR), or else held until bail is posted. Bail in a California drunk driving case is just like any other criminal case, although judges in DUI cases sometimes add additional terms and conditions, such as attendance at AA meetings, that are not sought in other criminal cases
DUI arrests will generally result in an OR release, meaning the accused will not have to post bail. DUI suspects are usually held for a number of hours and then released when the arresting agency is confident about the arrestee’s state of sobriety. This is because the agency is generally concerned about their liability; if an accused drunk driver is released, only to get behind the wheel and injure someone in an accident, there is liability for injuries caused by that DUI driver.
California DUI arrestees are sometimes required to post bail, even where the offense is a misdemeanor DUI / DWI arrest. This is more likely to be the case where the DUI arrest includes a refusal to submit to chemical testing, where there is a blood or breath alcohol level (BAC) that is .15 or higher, or where there is an accident or injury involved.
Felony DUI cases will certainly involve the posting of bail. Each county has its own bail schedule, which sets bail for each type of crime, criminal charge, or arrest, including DUI / DWI, drunk driving, driving under the influence of drugs, or any other drinking and driving arrest. Generally a felony DUI arrest will require a bail of $100,000.00.
If you or someone you care about has been arrested for misdemeanor DUI / DWI, felony drunk driving, or any drinking and driving or driving under the influence of drugs (DUID) charge, please consult with a criminal defense DUI / DWI lawyer who is well-versed in defending drunk driving cases. Darren Kavinoky of The Kavinoky Law Firm is a criminal defense attorney who knows how to help, and you are invited to call 24/7 at toll free 1.800.384.5297.