After being arrested for a DUI (driving under the influence), you’re brought to jail and "booked." Can you get out when you sober up, or will you have to arrange for bail? The game of Monopoly has provided us with the concept of the “Get Out of Jail Free” card—a magic status that enables you to walk away from incarceration without paying anything. But how likely is it that you can get out of jail free after a DUI?
What Does It Mean to Post Bail Following a DUI Arrest?
Bail (or bond) is cash that arrested DUI suspects give to the court in exchange for their release from jail. Having paid bail money helps ensure that the defendants appear in court for their arraignment. When defendants don't show up, the court can keep the bail money.
However, in some cases (as discussed below), a judge will let the suspect out of jail without any bail.
When Is Bail Required for a DUI Arrest?
After DUI suspects are booked, or "processed," one of the following occurs. Suspects are either:
- released on their "own recognizance"
- allowed to post bail at the police station soon after booking
- brought in front of a judge, who will decide whether to allow their release on bail, or
- required to remain in jail (usually for suspects who are considered flight risks and have had multiple DUIs or were involved in an accident).
So, in some cases, posting bail might be the only option if you want to get out of jail. However, in most cases, you'll get out of jail more quickly if you opt to post bail instead of waiting to ask the judge to let you out on your own recognizance (often just called "OR").
What Does Released on Your Own Recognizance Mean?
In some cases, the judge in charge of the case is willing to waive payment of bail on the condition that you promise to appear in court when required. In most areas, they call this option released on one's "own recognizance" and is usually abbreviated as "OR" or "ROR."
OR Release is Common Doesn't Require Payment of Bail
The advantage of OR is you don't have to pay any bail. In most DUI cases, the judge is willing to grant OR release. In fact, in a survey we took of readers who had recently been arrested for DUI, only 26% had to pay bail. This percentage includes those who had their charges dropped as well as those who were eventually convicted.
OR Release Sometimes Results in Spending More Time in Jail Than if You Pay Bail
However, as noted above, you might have to wait a while in jail before you'll be able to see a judge. So, in many situations, posting bail is the fastest way to get out of jail.
DUI Cases Where OR Release Is Most Likely
You’re more likely to see bail waived (get OR status) or bail reduced if:
- your DUI arrest was a first offense
- the offense doesn't involve a collision, injuries, or deaths
- the case involves a borderline blood alcohol concentration (BAC) (close to .08%), and
- you have ties to your community, a steady job, no previous record, and family members living nearby.
Whether you'll get bail waived is also conditional on the jurisdiction (location). In some areas, OR release for DUI offenders is common. But in other areas, less so.
You may have better luck waiving or reducing bail if you seek the advice of an attorney who specializes in DUI defense.
How Do You Post Bail in a DUI Case?
If you’re required to pay bail before being released from jail, you must either pay the full bail amount, submit property equal in value to the bail, or post a bond guaranteeing payment (arranged by a bail bonds agency).
Paying the Full Amount of Bail With Your Own Money
If you paid bail yourself, then after you have shown up for all required court appearances, your bail is refunded, minus a small administrative fee.
Posting Bail for a DUI Arrest Using a Bail Bondsman
Defendants who have to pay higher bail amounts or people of limited means often choose to use a bail bond agency that submits a bond to the court agreeing to pay the full bail amount if you fail to show up for any required appearances. A bail bond agency pays your bail in return for payment of a nonrefundable fee (in some states, the fee is limited to 10% of the bail amount). Most bail bond agencies accept credit cards and usually require payment prior to the posting of the bond.
In some cases, the bail bonds agency acquires an interest in your property as collateral. If you’re required to give collateral, you get it back after appearing in court, but you don't get the 10% bail bond fee back. If you don't show up to court, the bail bond agency has the authority to try to find you and bring you to court.
How Much Does Bail Cost in a DUI Case?
If a suspect has to pay bail, it’s either set from a "bail schedule" (a list of set bail amounts that correspond to the crime charged), bail algorithm, or by the judge, who will consider the circumstances of the DUI arrest (especially whether there was an accident and injuries), the suspect's DUI record and criminal history, and the suspect's ties to the community.
In our DUI survey, readers paid an average of $500 for bail, in either administrative fees to the jail or bail bond fees. The amount varied depending on circumstances, of course. Some readers reported paying as little as $100 while others paid up to $2,500. And remember, when a defendant's bail gets set at, say, $25,000, a defendant who gets a bail bond and appears in court as scheduled will only have to pay a portion of that ($2,500, if the bail bond fee is 10% of the bail amount).
Once you're released on bail or OR, it's time to learn more about what to expect from the DUI process.
Talk to an Experienced DUI Attorney About Your Case
If you've been arrested for driving under the influence, it's important to get sound legal advice. A qualified DUI lawyer can help you with the bail process and advise you on the best course of action in your case. Every case is different, and DUI laws are often complicated. So having an experienced attorney by your side can make a big difference.