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May 26, 2017 | admin Los Angeles DUI Bail
When a person is arrested for suspicion of driving under the influence of drugs or alcohol in the state of California, they will have an arraignment hearing. This is after the arrest has taken place and all necessary testing has been conducted. At the arraignment hearing, the prosecutor may request that a bail is set for the defendant.
Bail is a set fee that a defendant must pay in order to be released from jail. If the defendant puts the bail money up, they will be released pending strict orders of the judge until their actual court case regarding the DUI incident occurs. After that time, if the defendant is deemed not guilty, their bail money will be returned.
Bail For First-Time Offenders
Unless under a rare circumstance, most first-time offenders are released on their own recognizance. This means they do not have to pay bail as long as they agree in writing to appear on their proceeding court hearings. In these cases, the offending party is typically arrested and released the next day.
Bail For Other Offenders
In other cases, an individual may be held in custody and required to post bail before they may be released. This typically happens for offenders who are involved in a DUI-related hit and run, felony DUI, or fatal DUI accident. These fees are established by the judge and typically follow the recommended Los Angeles County bail schedule.
Los Angeles County Bail Schedule
- First-Time Offenders: The schedule recommends a bail of $5,000. In most cases, individuals will be released without having to pay this recommended amount.
- Prior-Offenders: Those who have had a prior DUI offense within the past ten years are recommended a bail of $15,000.
- Multi-Offenders: For those who have had two or more DUI convictions, the recommended bail is $25,000.
- Traffic Collisions: Any DUI offense involving a traffic collision where the individual had a BAC of .15 or higher is to be set at an additional $10,000.
- Refused Chemical Testing: If the arrested individual refused chemical testing their bail is recommended to be set at an additional $10,000.
- Traffic Collision And High BAC/Refusal: In cases where an individual is involved in a traffic collision and had a BAC of .15 or higher or refused chemical testing, they are to pay an additional $25,000 in bail money.
- DUI With Injury: In the event the suspected drunk driver caused injury to another person, bail is to be an additional $20,000 for first-time offenders and $50,000 for any defendants with prior DUI convictions. In cases where the defendant’s BAC was .15 or higher, it’s recommended to add an additional $10,000 to the bail amount.
In order to post bail, the defendant must supply the money to the state. In most cases, individuals will utilize the service of a bail bonds agency. The agency will put up the total amount of money for the defendant’s bail in exchange for the defendant paying them about 8 to 10 percent of the required amount. If the individual is not able to post bail, they will remain in custody until their trial.
If the defendant posts bail, it’s likely the judge may tack on conditions to their release. Some of the conditions may include not leaving the state of California, attending Alcoholics Anonymous meetings, wearing an alcohol monitoring device, or installing an ignition interlock device on their car. Your Los Angeles DUI attorney can help you to understand what conditions you may be required to follow if you post bail.