DUI, Posting Bail

When you are arrested for DUI, the officer takes you to the local jail or police station where you will be processed and booked

. Being booked simply means you are formally put into police custody. The officer will write a report of the arrest and the events that led up to it (such as any field sobriety tests, breath tests, etc). Personal information will also be noted, including finger prints, notable tattoos or scars, etc.

You can expect to be stripped of your personal possessions that you have with you and to be put into a holding cell. Once the booking process is complete you will probably be released on bail. This is yet another cost of a DUI arrest. Bail is a set amount of money that must be given to the court to ensure that you will show up for court. If you show up for all of your proceedings, you get your money back at the end of it all. If you do not show up or flee, you could very well lose all of that money.

How much bail will be for you depends very much on your particular circumstances. If you have a rough past criminal history, you can expect bail to be set higher. If your BAC was extremely high or if the DUI arrest involved an accident or death, you can also expect the bail amount to be higher. Bail amounts can go anywhere from $4-5000 up to hundreds of thousands of dollars depending on the situation. The judge will be the one who determines the bail amount, though in many jurisdictions there is a standard bail schedule set for "standard DUI arrest situations." If this is the case, you will not have to wait to appear before a judge to have bail set, and you could well be on your way within hours of your arrest.

The Constitution says that bail cannot be excessive. It is only meant as a tool to make sure you show up for court. In some states you can challenge the level of bail. You have to request to see the judge and then ask that the bail amount be lowered. Your personal circumstances might convince the judge that bail can be lowered without fear of you not showing up for court.

Remember that DUI cases are very complex. You need a lawyer to represent you. Find a good DUI lawyer from the state where you were arrested as soon as possible so you can put together the best possible legal defense.

DUI, Posting Bail

By: Jonanthan Stone

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