DUI, DWAI Bail Bonds: How To Post Bail With Dennis Blackwell
A call from the jail about a loved one’s DUI or DWAI arrest usually comes at the worst hour. You hear a name, a facility and a number, and you have no idea what to do first. Getting someone out of jail is a defined process with a set order of steps. You will see what happens after an arrest, how a judge or a schedule sets bail, what it costs, how a bond works and what you owe once the person is out. Dennis Blackwell Bail Bonds can help you carry it out. Knowing the order of steps lets you act calmly instead of guessing. Key Takeaways What Is the Difference Between Bail and a Bail Bond? Bail is the dollar figure a court sets, and a bond is one way to pay it. A bail bond is a surety bond posted by a bail bond company to guarantee that the arrestee appears at court dates, which lets the court release the arrestee from detention. The court has three routes for release. You can pay the full bail in cash, buy a surety bond through a bail bond company, or the court can approve a personal-recognizance bond. Own recognizance means release from jail without paying bail, on your written promise to return to court. Ask which of the three routes the court has approved before spending any money. Labels differ by state. DUI and DWI mean driving under the influence or while intoxicated, while DWAI means driving while ability impaired, a lesser alcohol-related charge in some states. The bail process works the same way under each label. A common mix-up is thinking the premium paid to a bondsman is the bail itself. It is not. The premium is the bondsman’s fee for posting the bail on the arrestee’s behalf. What Happens After a DUI or DWAI Arrest Before Bail Is Set? Release usually comes within hours when a county bail schedule applies, and within about 24 to 48 hours when you wait for a judge. Some Georgia counties see release about 8 to 12 hours after arrest. The path to that point follows a fixed order. Most states treat a blood alcohol concentration of 0.08% or higher while driving as drunk driving. Many counties set bail at booking from a bail schedule for common offenses, so a first DUI can be priced within hours. Arraignment is the first court appearance, where the judge decides bail. A bail hearing usually occurs within 24 to 48 hours of arrest, and some states allow up to 72 hours or longer on weekends or holidays. A person who is still intoxicated is often held in jail until sober. Write down the booking name, jail location and booking number as soon as you learn them, because every later step needs them. How Much Is Bail for a DUI or DWAI? A first-time misdemeanor DUI usually carries bail of about $500 to $2,500. Serious cases with aggravating factors can reach $50,000 or more. Amounts vary by county and state, so no number can be promised for any specific case. Case type Typical bail range Main driver First offense misdemeanor $500 to $2,500 No aggravating factors Repeat offense Higher than a first offense Prior DUI convictions High BAC Higher than a first offense BAC around 0.15% or higher Felony or injury $50,000 or more Serious injury or death A second offense usually brings a higher amount than a first. A prosecutor can add or change a charge after review, and that changes the bond. Towing and court costs come on top of bail. Typical Bail for a First Offense Most first arrests with no crash and a modest breath result land at the low end of the range. A county schedule often sets the figure at booking, so you may learn it within hours. What Raises the Amount Judges raise bail for a prior license suspension, a BAC around 0.15% or higher, a child in the vehicle, or refusal of a chemical test. A non-DUI record involving violence or missed court dates also pushes the figure up. When Bail Can Be Denied Prior DUI convictions, serious injury or death, and flight risk can lead a court to deny bail. In those cases no bond is available until the judge changes the order. Ask the jail or clerk for the exact scheduled amount for each separate charge. When Can You Be Released Without Paying Bail? Many first-time DUI arrestees walk out without paying anything. Most DUI and DWI arrestees in the U.S. are released before trial without posting bail, often on own recognizance, after signing a written promise to return to court. Judges look for five traits. The arrestee is a first-time offender who is not a flight risk, has no criminal record, caused no accident or injury, had a BAC close to the legal limit, and has community ties. Not every judge weighs them the same way. Some jurisdictions release on own recognizance after 24 to 72 hours instead of at the first hearing. The wait depends on the court calendar and the facility. A frequent mistake is assuming own recognizance means no consequences. If the arrestee misses a hearing, the court can issue a warrant, and fresh charges for failing to appear can follow. Gather proof of a job, address and family ties before the hearing, since the judge weighs them. How Do DUI, DWAI Bail Bonds Work? With a bond you typically pay about 10% of the bail, and that premium is not refunded. A bail bond is a surety bond posted by a bail bond company to guarantee the arrestee appears at court dates, so you post bail for a fraction of the full amount. Take a $2,000 bail. At 10%, the premium is $200, which stays with the bondsman. The bondsman covers the rest and answers to the court if the arrestee skips a date. Option Upfront cost Refundable Speed Cash bail Full bail amount Yes, if all court dates are