If you’ve been arrested for driving under the influence (DUI) in California, one of your first concerns may be how much bail will cost. Spending time in jail is scary, and you likely want to get released as soon as possible by paying bail.
The cost of bail for a DUI charge in California depends on several factors, like the severity of the offense and where you were arrested. Our Los Angeles DUI Lawyers understand you’re facing a stressful and confusing time, so let’s break down what you can expect.
Factors that Affect DUI Bail Amounts
Several key factors influence the cost of bail for a DUI charge in California. Some of the most significant considerations include:
The Severity of the Offense
Is this your first DUI offense or do you have prior convictions? Generally, bail will be higher for repeat offenders or those facing felony DUI charges due to aggravating circumstances like causing injury or property damage.
County of Arrest
Each county in California sets its own bail schedule, so amounts can vary significantly based on where you were arrested. For example, bail for a first-time misdemeanor DUI might be $5,000 in one county but $10,000 in another.
The Circumstances of Your Case
The specifics of your DUI arrest can impact bail. Factors like your blood alcohol content (BAC), whether you cooperated with law enforcement, if you had a suspended license, or if minors were present can all affect the amount.
Standard Bail Amounts for California DUIs
While there is no universal bail schedule across California, here are some common ranges for Los Angeles County according to current guidelines:
Misdemeanor First DUI
For a standard first-offense misdemeanor DUI, bail starts at $5,000 and goes up from there. If you caused a traffic collision, refused a breath test, or had a Blood Alcohol Concentration above 0.15 percent, you must pay an additional $10,000. If you crash and have a high BAC, you must pay an additional $25,000.
Misdemeanor Second DUI and Beyond
In addition to the above for Misdemeanor First DUI, your bail will start at $15,000 if you have one prior conviction within 10 years of your last one. Two or more prior convictions set starting bail at $25,000.
If There Were Injuries
If you are charged with DUI causing injury, your base bail starts at $20,000. If you had a prior conviction, the base bail starts at $50,000. Add $10,000 more if your BAC is greater than 0.15 percent when you crash.
Felony DUI
Felony DUIs, which may involve a third or subsequent offense or aggravating factors like causing injury, death, or extensive property damage, have the highest bail ranges. The amount of bail can vary greatly with a felony DUI, but it will be higher than the rates for misdemeanors.
Posting Bail After a DUI Arrest
You have a few options for posting bail to be released from custody after a DUI arrest in California:
- Cash bail: Paying the full bail amount directly to the court
- Bail bond: Paying a non-refundable fee (usually 10%) to a bail bond company that puts up the full amount
- Own recognizance release: Being released after promising in writing to appear in court, typically for low-risk offenders
We know that posting bail after a DUI can be a financial hardship. We can review your case and advocate for a bail reduction or own recognizance release when appropriate.
What Happens if You Can’t Afford DUI Bail?
If you cannot afford to post bail after a DUI in California, you will likely remain in custody until your arraignment hearing. At this court appearance, which usually occurs within 48 hours of arrest, a judge will review your charges and set the official bail amount.
During your arraignment, your DUI lawyer can argue for a bail reduction or release on your own recognizance. They may cite factors like strong community ties, lack of criminal history, and minimal flight risk to convince the judge to lower or waive bail.
If bail remains an obstacle, your attorney can explore other options like a bail bond or property bond. However, if no viable alternatives are found, you may have to remain in custody until your case concludes or bail is met.
Why do Courts Charge Bail for DUIs?
The main purposes of bail in DUI cases are to ensure public safety and motivate defendants to appear in court. By requiring money to be paid for release, the court aims to:
- Prevent the accused from fleeing before trial
- Protect the community from repeat offenses
- Incentivize compliance with court-ordered conditions
- Maintain the integrity of the legal process
When determining bail amounts, judges consider factors like criminal history, ties to the community, and the risk of reoffending. Higher bail is meant to deter defendants from skipping court dates or engaging in dangerous behavior.
However, bail is not meant to be a punishment. Its goal is to balance the presumption of innocence with the need for accountability. Your lawyer can advise you on whether it’s better to pay the court directly or pay a bondsperson to cover your bail.
Fight Your DUI Charges With Our Help
A DUI arrest is a scary experience, but remember – you are innocent until proven guilty. A Los Angeles DUI lawyer is here to protect your rights, challenge evidence, and build the strongest possible defense. Our goal is to minimize the consequences of your DUI charge, including time in custody.
If you or a loved one has been arrested for DUI in California, don’t wait to get legal representation. The sooner you contact us, the sooner we can start fighting for your freedom and future. Contact Los Angeles DUI Lawyer today for a confidential consultation on your case and bail options.
