What is Bail?

Bail is a process through which an arrested DUI suspect pays a set amount of money to obtain release from police custody, usually after booking. As a condition of release, the suspect promises to appear in court for all scheduled criminal proceedings -- including arraignment, preliminary hearing, pre-trial motions, and the trial itself. If the suspect fails to appear in court as scheduled, he or she will be subject to immediate arrest, and any bail amount paid will be forfeited.

How is Bail Set?

If a DUI suspect does not obtain release by paying bail immediately after booking, a judge may make a bail decision at a separate hearing, or at the arraignment. Regardless of the timing, the bail amount may be pre-determined (through a "bail schedule"), or the judge may set a monetary figure based on:

• Suspect's DUI record and driving history;

• Seriousness of the DUI offense, in terms of injury to others

• Suspect's ties to family, community, and employment.

If You Cannot Afford Bail: Bonds and Bond Agencies

A DUI suspect (or the suspect's friends and family) may put up the full bail amount as set by the court, or a "bond" may be posted in lieu of the full amount. A bond is a written guarantee that the full bail amount will be paid in the event that the suspect fails to appear as promised. A bond is usually obtained through a bail bond agency that typically charges a fee in exchange for posting of the bond (usually about ten percent of the bail amount). Bail bond agencies may also demand additional collateral before posting a bond, as the agency will be responsible for paying the full bail if the suspect "jumps bail" and fails to appear as promised.

See also:

From FindLaw's Criminal Law section
• Bail FAQ
• The Role of a Bail Bondsman

Get Help Now: Find a Bail Bond Agency In Your Area