Can You Get Bailed Out Of Jail For a DUI?After being arrested for driving under the influence, you’re taken to jail and “booked.” Next comes the question of bail. Bail (or bond) is money that a DUI suspect pays to the court in exchange for their release from jail.
The purpose of bail is to ensure that a person accused of crime returns to court at a later date. The bail payment might be returned after the legal process has concluded. Whether you can get bailed out of jail for a DUI, and under what circumstances, depends on the nature of your arrest and your criminal history.
If you have been arrested for a DUI, your priority is to get out of jail, and the details surrounding bail can be overwhelming. At The Ticket Lawyers, our personal injury lawyers understand the law surrounding a DUI and over 75 years of combined experience in defending the criminally accused, For legal advice or for more information, contact us today at 855-323-8488 for your free consultation with a DUI attorney.
After DUI suspects are booked, or “processed,” suspects are either:
As mentioned above, a driver arrested for a DUI may be granted an “own recognizance” (OR) release. This is when the defendant is not required by law to pay any bail money and is released from police custody. Despite the fact that the suspect is released from custody, it does not mean that they are free from their drunk driving charges. Instead, they submit an agreement in writing promising to appear in court for all future criminal court proceedings.
There are usually` some conditions, for example, suspects on their own recognizance release are usually required to contact the court regularly for updates on their case and may be prohibited from traveling out of the area while their case is pending in the courts.
Of course, only certain individuals are eligible for a Florida ROR. There are no set requirements for eligibility, and the decision is often left to the court or judge supervising the case; however, there are several factors that will influence whether or not you may be eligible for release on recognizance. These include:
An experienced attorney may be able to argue that you are eligible for release on recognizance after being arrested for drunk driving, it is important that you get in contact with a reputable law firm straight away so they can protect your rights.
Bail amounts are set from a “bail schedule”, (a list of set bail amounts that correspond to the crime in question) or by a judge. The judge will consider the circumstances of the arrest, and these circumstances will determine the bail amount. For example, if there was an accident, and there have been injuries, the bail amount may be higher. Also, if the suspect already has a DUI record and criminal history, this will make things more difficult.
Bail amounts are generally decided based on the following factors;
On Average, those arrested for DUI by an average of $500 for bail. This includes ad administrative fees to the jail and
If you’re required to post bail before being released from jail, you have three options:
It is beneficial if you are able to pay bail yourself because after you have shown up for all of the required court appearances, your bail is refunded (minus a small administrative fee).
If for whatever reason, you are required to pay higher bail amounts, or you are of limited means, you may ask friends or family to come up with the full bail amount that was established by the court, or you may choose to use a bail bond agency.
A bail bonds agency will submit a bond to the court agreeing to pay the full bail amount if you fail to show up for any required appearances. They agree to pay your bail in return for the payment of a non-refundable fee (in many states, the fee is limited to 10% of the bail amount). The majority of bail bond agencies accept credit cards and usually require payment prior to the posting of the bond.
In some circumstances, 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 attend your court hearing, the bail bond agency has the authority to bring you to court.
If you fail to appear at a scheduled court appearance after being released on bail or an own recognizance release, a warrant will be issued for your arrest.
Under Section 843.15 of the Florida Statutes, if a defendant fails to appear in court after being granted bail, they will face misdemeanor or felony charges. If the original conviction was a misdemeanor, the defendant would face a separate misdemeanor of the first-degree charge under Sec. 843.15. If the conviction was for felony DUI, and the defendant fails to show up in court, the defendant will be charged with failure to appear, which is a felony of the third degree.
Therefore, it is vital that you attend all court appearances. If you need support or some legal advice, contact our law firm today.
In Florida, if a suspect is arrested on suspicion of driving under the influence (DUI), they will be held in jail for up to eight hours until officers believe that they are no longer impaired.
Suspects should be released from jail with a court date for their first hearing regarding the DUI charges. However, law enforcement is known to release suspects with no information or any idea with regards to whether or not they will face charges.
All drivers should be aware that authorities have a specific amount of time in which to charge them with a crime; this is called the “statute of limitations.” Until the time that the statute of limitations for your offense is up, you can still face charges and a summons to court.
When filing a criminal complaint in Florida, the statutes of limitations vary depending on the nature of the crime. In the case of a DUI charge, this can be either a misdemeanor or a felony, depending on several factors. For a first offense, the prosecutor will generally have two years to charge you.
The The Law Place are here to handle all aspects of your DUI case. We can start building your defense from the moment of your arrest. The law surrounding a DUI arrest and information with regards to your rights when to comes to bail can be complex and overwhelming; let a personal injury lawyer from our law firm help you; you need one of our attorneys on your side if you have been arrested for a DUI.
Contact our law firm today at 855-323-8488 to see what legal options are available for you.
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