How Much is Bail for a DUI or DWI?
Meta Description: Arrested for a DUI? Don’t let bail and fear of the unknown get you down. Talk with an experienced DUI lawyer and discover your options today!
Most people like to enjoy a drink every now and then, but any good feelings can quickly dissipate when arrested for a DUI. Thousands of DUI arrests occur each day across the U.S., and many who are charged have no idea their blood alcohol content is over the legal limit of .08 percent. If you find yourself in such a situation, it’s important to know what to expect and the process for posting DUI bail.
How Much is Bail for a DUI? – First Things First
Before answering the question of how much is bail for DUI arrests, you first need to understand the booking process.
After the arrest is made, DUI suspects are typically transported to the county jail and “processed” or “booked.” Before you can post DUI bail, a police officer will:
• Take your personal information
• Record information about the alleged DUI
• Perform a criminal background records search
• Confiscate your personal belongings
• Photograph you and take your fingerprints
• Place you in a “drunk tank” or general holding cell until your DUI bail hearing
The DUI Bail Process
How much is bail? Not so fast; you may be booked, but you still have to get through the bail hearing.
After being arrested for a DUI and going through the booking process, the court will often proceed with a DUI bail hearing, where you will find out how much is bail for a DUI and be able to pay the bail amount or secure a bond. After doing so, you can return home to be with your family while you wait for trial.
There are court processes in place to determine bail for DUI cases. According to the Constitution, bail should be set at a fair amount. Therefore, a judge is prohibited from placing bail too high and must set bail according to previous standards or a predetermined schedule.
However, if you’re wondering how much is bail for a DUI involving an accident, fatality, or serious bodily injury, you can expect your bail to be set at a higher monetary value. Bail is also set higher for defendants who are believed to be a flight risk.
Many times, judges will base DUI bail amounts on the following criteria:
• Criminal history – A first-time offender worried about how much is bail can expect to pay less than a frequent offender.
• Severity of the offense – If someone is severely injured as a result of your driving under the influence, you can expect to pay a higher bail amount.
• Status in the community – Family ties, employment, and your overall status in the community also play a role in determining how much is bail for a DUI in your specific case.
While it’s not necessary to have a lawyer present at your DUI bail hearing, an experienced DUI lawyer will understand the bail process and arrange for your family and friends to attend the hearing as well. That being said, having a lawyer is no guarantee your bail will be set lower. Since bail rates differ from state to state and case to case, there’s no way to put an exact dollar amount on how much is bail for a DUI.
If you’re looking for some figures, however, it may be helpful to know that a misdemeanor DUI bond can range from $500-$10,000, while felony DUI cases can have bail amounts of up to $50,000. With your money and your freedom on the line, it helps to have an experienced DUI attorney on your side.
Can’t Afford Your DUI Bail? – Bail Bond Agencies
After finding out how much is bail at your DUI bail hearing, your family and friends may pay the full bail amount determined by the court, or you can post a bond in lieu of the bail amount. Since bail amounts are returned after trial, a bond is simply a written guarantee of full bail payment if you fail to appear in court as promised.
Bonds are typically secured through bail bond agencies, which charge anywhere from 7 to 12 percent of the bail amount to post the bond. A bail bond agency may also require additional collateral prior to posting a bond, because they are held liable for the full bail amount if a defendant fails to appear in court as promised.
Finding a Bail Bond Agent
If you undergo the bail hearing and can’t pay the full bail amount, you’ll need to obtain a bond. But how do you find a bond agent with no smartphone or Yellow Pages to turn to?
Nearly all jails have lists of bond agents for their jurisdiction. However, before you select a bondsman, bond agent, or surety from the list, you may want to have your family look into their reputations. While many bond agents strive to run a reputable business, some are less conscientious and attentive.
A bond agent should also be approved in your jurisdiction. If your bond agent isn’t accepted by the Sheriff, you will need to pay another bond agent to post a new bond.
If you secure an experienced DUI attorney prior to finding out how much is bail for your particular case, he or she will be able to refer you to excellent bondsmen in your jurisdiction. If you still don’t have a DUI lawyer, you should find one to represent you and your best interests as soon as possible.
DUI Bail Bond – Conditions of Release
Paying a bond agent is only the first expense when arrested, bonded, and released while you wait trial for DUI. In many jurisdictions, special conditions are imposed, such as the installation of an ignition interlock device and alcohol and drug screenings or counseling. In addition to the shock of finding out how much is bail for a DUI, these special conditions can also be a significant expense.
Before posting a bond and making monthly payment commitments to a bondsman, make it a point to ask about any other DUI bond conditions typically imposed in your jurisdiction. It’s important to understand all of the conditions of your release prior to posting bond.
Own Recognizance Release
When someone is arrested for DUI, booked, and granted release on their “own recognizance,” no DUI bail needs to be paid and there is no need to post bond. If released on your own recognizance, you’re simply released after promising to appear in court for all of the following proceedings. Needless to say, if you’re worried about how much is bail or the expenses of the conditions above, being released on your own recognizance is an ideal option.
Similar to setting DUI bail, the judge will take your criminal history, the severity of the offense, and your community ties into consideration when deciding upon an “own recognizance” release. An experienced DUI lawyer will make an argument for this type of release at your bail hearing and boost your chances of skipping the expensive, stressful, and time-consuming bail process.
How Much is Bail for a DUI? – Don’t Worry, Get Free Legal Advice Today!
A bondsman or bond agent can help you understand how much is bail for DUI bonds and any conditions involved. However, it’s wise not to rely on a DUI bond agent.
Although they may be involved as part of the judicial system, they’ve not licensed DUI attorneys and can’t provide you with legal advice. Only a licensed attorney can provide you with legal assistance, defend you in court, and give you advice regarding the legal ramifications of your decision to go to trial or accept a plea.
If you’ve found yourself arrested for a DUI or DWI, you’ll have your work cut out for you when released on bail. The only way to ensure you have the best possible defense is to speak with an experienced DUI lawyer. Every day you wait is another day for the prosecution. Click here to receive free legal advice today!
What Is a DMV Administrative Hearing?
A DMV administrative hearing is a hearing held by a government agency to decide if a person should have a driver’s license. There are a few different reasons that a person might have a DMV hearing. The purpose of the hearing is either to see if the person did something to deserve a license revocation or to see if they’re fit to have their driver’s license reinstated.
The answer to what is a DMV administrative hearing is that it is not a hearing that’s held by a police department or a court. Instead, it comes from a state’s secretary of state, the motor vehicle division or the bureau of motor vehicles. A person can have their driver’s license administratively revoked even without committing a crime and even after they’ve served their entire sentence for a crime. A DMV hearing is not considered criminal.
How an administrative revocation occurs
There are generally three ways you might have an administrative license hearing. First, if you have multiple drunk driving offenses, the state might decide that you’re not fit to drive a motor vehicle. In most states, a second drunk driving conviction results in an administrative license revocation for a period of one to five years. If you have a third drunk driving conviction, you can lose your license for five years or indefinitely. After a period of time, you can request a hearing to show the state that you’re free of substance abuse issues and that you’re fit to drive a motor vehicle.
Second, if you refuse a breath test during a drunk driving investigation, you can face an administrative license revocation. You have a right to a hearing about the revocation. In most states, refusing a breath test can result in revocation of your license for one year. You must request your hearing within a very short time period after your arrest.
The third way you might have an administrative license hearing is if the state receives word that you may be unfit to operate a motor vehicle. This typically occurs for medical reasons. The state might call a hearing to talk about whether you should keep your driver’s license.
What happens at your hearing
The substance of what is a DMV administrative hearing depends on the purpose of the hearing. If your hearing is one to talk about reinstating your license after substance abuse-related convictions, your hearing focuses on your alcohol or drug use and your recovery. Expect to talk about the last time you used alcohol and whether you’re credible when you say that you’ve conquered any alcohol or substance abuse issues.
In most cases, the DMV hearing officer wants to know that you’ve been completely sober for at least a year. They want you to acknowledge that you have a substance abuse problem and that you can never be cured. They want to hear that you’re attending alcoholics anonymous or narcotics anonymous and that you’re working the steps. They might even expect you to document your sobriety with proof of attendance at meetings.
You should also be prepared to present evidence that you’re a positive member of the community. You should be able to talk about employment or making contributions to your family. Recommendation letters from family and friends can go long ways to convince the hearing officer that you’re rehabilitated. Employment can go a long ways to make the argument that you need at least a restricted license in order to go to work.
If your hearing is one to appeal a breath test refusal, the scope of the hearing is much more limited. The administrative hearing officer wants to know whether or not you took the breath test. If you didn’t take the test, they want to know why not.
You can testify at your hearing. You can present evidence to the hearing officer just like you might if it was a court hearing. The hearing officer also listens to what the law enforcement officer has to say. At the end, the hearing officer gives a decision about whether your administrative revocation stands.
You’re allowed to bring an attorney with you to represent you in front of the hearing officer. This is important because they can help you present evidence and question witnesses. A local attorney has likely appeared at an administrative proceeding before, and they can offer a wealth of insight as to how to present your case in a way that is going to help you be successful.
Strict time limits
If you’re facing an administrative revocation because you refused a breath test, you have a very strict time limit to appeal the decision. You might think if you didn’t take the breath test, there’s nothing you can do to fight the revocation. This isn’t the case.
If you’re facing criminal charges at the same time, it’s always best to work with an attorney to ask for a revocation hearing. Often times, you can talk about the revocation as part of a plea deal in the criminal proceedings. A local attorney knows how to handle these negotiations and make all of this happen. It’s important to work with them quickly, however, because in some cases, you have only a handful of days from the date of your arrest to request an administrative hearing.
Other types of suspensions
When you’re convicted of a crime, you may receive a license suspension as a result. This is not an administrative hearing. Rather, it is an automatic penalty from the criminal conviction. For example, in most states, a conviction for a first drunk driving offense suspends your driver’s license for anywhere between thirty and ninety days.
This suspension is automatic. After your sentence, you receive a letter in the email giving you the dates of your suspension, or it runs automatically from the date of your conviction. The judge can’t do anything to give you a break on this suspension. A state agency can’t-do anything about this suspension, either.
You also might face an automatic license suspension because you accumulate too many points on your driving record. This can happen because of points that come with traffic infractions as well as criminal convictions. This type of suspension is also automatic. There is usually no administrative hearing available in this circumstance, but it’s important to check with a local attorney to check specific rules for your location.
Hardship appeals and court review
If you’ve lost your license because of a DMV hearing, you might be wondering if there’s anything you can do to get your license back. In some cases, the answer may be yes. Some states have a process that allows you to appeal the administrator’s decision to the local court. The court has the option to affirm the decision from the administrative hearing, grant you a full license or grant you a restricted license.
In most cases, the court reviews the transcript from the DMV hearing to evaluate whether the hearing officer made a mistake. They might also consider whether suspending your license creates an unreasonable hardship for you given the circumstances. If you’re pursuing a hardship appeal or a court review of your state administrative revocation, it’s important to work with a local attorney to present your case in the best light. There are often very technical things that the court wants to hear in order to have confidence granting you a license. A local attorney knows the courts, and they know what to put in the substance of your appeal in order to help it be successful.
A hearing officer can grant you a full license, a restricted license or no license at all. In many states, the officer has the option to give you a license with an ignition interlock device to verify your sobriety when you drive. An experienced local attorney can help you present your case to make sure that you’re as successful as possible on your first attempt to restore your license.
Can You Get A DUI / DWI On A Bicycle?
You probably already know that you can be arrested for DUI if you drive a car while drunk or high. However, you may wonder Can You Get a DUI On a Bicycle in the state in which you live.
It is true that getting a DUI on a bike is rare and even somewhat unheard of in some parts of the country. Still, you should learn under what circumstances you could get a bicycle DUI anywhere in the U.S.
Can You Get a DUI on a Bicycle?
So Can You Get a DUI on a Bicycle or is it unlikely that a police officer will even bother with stopping and testing you for intoxication? Police officers in all 50 states are primarily focused on stopping drunk drivers who get behind the wheel of a car or truck. However, they can and will stop inebriated bicyclists under the right circumstances.
Still, most states do not have definitive DUI on bike laws on the books and leave it up to the discretion of the police to determine whether or not to detain bicyclists who are drunk. State laws throughout the country do not categorize a bicycle as a vehicle, in fact. To fit this description, a vehicle must be powered by a motor or engine and not something that is powered by peddling.
As such, it is uncommon that police will issue you a bicycle DUI if the state you are in fails to define a bicycle as a vehicle. While the answer to Can You Get DUI on a Bicycle in most states is a solid no, you should still be aware of when and how you could get a bicycle DUI if the police catch you being drunk in public.
When Can You Get a DUI on a Bicycle in Your State?
Police throughout the U.S. may not be allowed by law to ticket or issue a DUI on a bike simply because you are riding a bicycle while inebriated. However, they could give you a citation or even arrest you if your drunken bicycling corresponds with any of these other offenses that would allow for your ticketing, arrest, and sentencing for DUI on a bike.
Most states have laws that prohibit people from being drunk while out in public. Public drunkenness laws are designed to keep the peace and order in society.
With that, if you are out riding a bicycle while drunk, you could be issued a DUI on a bike not so much because you are operating a bicycle while inebriated but because you are out in public while drunk. This DUI on a bike ticket could cost you upwards of $100 or more depending on where you live. You may even have to show up to court and face punishments like community service or a brief stint in jail if you are a repeat offender.
Another answer to the question of Can You Get a DUI on a Bicycle centers on whether or not you are behaving lewdly while in public. As with public intoxication, most states have laws on the books that prohibit lewd behavior in public. If you are riding a bicycle while inebriated and acting in a sordid manner, you could get a DUI on a bike for the manner in which you are acting in public.
Lewd behavior can range from being naked or acting in a sexually suggestive manner. If you are riding a bicycle while drunk and behaving in a way that could be construed as inappropriate, you could get a DUI on a bike and be forced to appear before a judge in court.
Public Safety Risk
If you wonder when and how Can You Get a DUI on a Bicycle in your state, you should learn to consider the responsibility that police have to keep the public safe. Bicyclists who are drunk pose a risk to drivers on city roads and highways as well as bystanders and pedestrians.
As such, if you are drunk while riding a bicycle, you could get a DUI as well as an additional citation for being a public safety risk. Drivers may have to slam on their breaks or weave in and out of traffic to avoid hitting you. Pedestrians and bystanders likewise might have to clear the way or take a different route to avoid coming into contact with you.
Everyone has equal access to roadways and sidewalks in your state. However, when you pose a hazard to people out in public, you could get a bike DUI simply because you are forcing others to tolerate and adjust their routines to your hazardous behavior.
Inebriated motorists are not the only ones who can inflict bodily harm on others who cross these drivers’ paths. Drunk bicyclists likewise can cause injury or harm to people like pedestrians, bystanders, and even motorists.
If you inflict bodily harm on anyone while you are riding a bicycle under the influence of drugs or alcohol, you will likely be arrested for DUI and taken to the police station. The court will not treat your case any differently than anyone else who was arrested for driving under the influence.
With that, you could face punishments like steep fines, jail time, community service, or house arrest. While your primary crime will not have been riding a bicycle while drunk, you will be arrested if you hurt or injure someone while you are bicycling under the influence of drugs or alcohol.
Finally, if you wonder Can You Get a DUI On a Bicycle, you should consider the legal consequences of what would happen if you damaged property while biking while drunk. Just as with driving under the influence, you could be ticketed, arrested, and tried for a bike DUI if you damage someone’s property.
Most states define property as land, homes, cars, mailboxes, and other assets. However, it also extends to animals and pets in many states. As such, if you run over someone’s cat or dog while biking drunk, you could be arrested for DUI even if you are on a bicycle rather than behind the wheel of a car.
How a Lawyer Can Help
A DUI lawyer can help you even if you got your DUI citation and arrest while riding a bicycle rather than driving a car. As mentioned, the answer to Can You Get a DUI On A Bicycle varies from state to state and the circumstances that apply to each case.
You should not stake your legal and financial future on showing up to court alone. By hiring a DUI attorney, you can find out what those biking while drunk laws are in your state and what chances you have to beat the DUI on a bicycle charge against you.
With a skilled DUI lawyer’s help, you may be able to get the charges against you dropped or reduced. You also may escape the worst punishments of your other DUI bike-related offenses like bodily harm, public drunkenness, and other crimes of which you have been accused.
Does the state that you live in define a bicycle as a vehicle? What other DUI crimes can you be arrested for and convicted of if you ride a bicycle in public while drunk? What kinds of punishments could you face if you are found guilty of biking in public while you are drunk or high?
The answers to these questions and more depend greatly on the biking under the influence laws where you live. You can get the answers to your concerns and beat any bike-related DUI charges against you by hiring a skilled DUI lawyer to help you after you have been arrested or ticketed for biking under the influence of drugs or alcohol.