Your DUI lawyer might have advised for you to make use of the services of a bondsman to help your loved one make bail following their DUI arrest. The truth is that many individuals, particularly in today’s economy, find it difficult to make bail after a DUI arrest. This is especially true if the DUI is a second or third DUI or if there were circumstances surrounding the arrest that made the DUI qualify for enhanced penalties, such as having a minor inside the vehicle as the suspect was drunk driving, or being involved in an injury accident. If the suspect possesses an arrest record or is on parole, these instances may call for bond or bail to be set higher than the normal going rate. Let’s look at DUI arrests and bail in greater detail.
Processing for DUI
Before any bail is determined in the DUI case, the suspect is going to be processed. During the processing much of the important details are attained which will be utilized to figure out how much the bail is going to be. A criminal record check is run, plus the suspect is going to be fingerprinted. Something that oftentimes occurs during processing that complicates being released on bail for the DUI occurs when the suspect has outstanding warrants or is wanted for some other charge. In this instance, bond would not only need to be set for the DUI, but also for the additional charges also. If the suspect were to possess a so-called “bench” warrant for not appearing in court on another charge, bail may be denied altogether, or enhanced significantly.
Setting the Bond It can be oftentimes the case that officials with the jail or precinct can set bond for the suspect. But when there are actually any extenuating circumstances, a judge might need to make a decision on bail. So while simple first-time DUI suspects can bail out of jail in mere hours after a DUI arrest, others will have to see a judge the next morning. When determining bond, the judge will take into consideration all pertinent information regarding the suspect’s arrest as well as the suspect himself. The suspect’s criminal background and record are the most critical factors that the judge will consider, but he will also look at the DUI arrest and if there was an accident pertaining to the suspect’s drunk driving behavior. If the accident caused injury, bail is going to be much more than if it didn’t. Once the bail has become set, then a suspect, the DUI lawyer, or whoever is helping for the suspect’s behalf should pay the amount the court has ordered in order for the release to happen. For suspects who cannot afford bail, the services of a bail bondsman might be needed. A bail bondsman will bail the suspect from jail for 10 percent (this can differ among bondsmen) on the total bail requested. For instance, if the bail is set at $20,000, you’ll pay the bondsman $2,000 and then he would put up the rest of the money to help you get out. The bondsman will charge a fee for his services, which is usually deducted from the deposit that you pay.
So, when you have been arrested for DUI, your criminal defense lawyer will help get you in touch with a bondsman to ensure that you can bail out of jail.