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Bail in California DUI Case

Drivers arrested in California for driving under the influence (DUI) may be required to remain in jail until they or a loved one posts bail. When arrested for DUI in California, a driver is either cited and released on his or her own recognizance (OR), or held until bail is posted. Bail in a California drunk driving case follows the same process as bail in any other criminal case, although judges in DUI cases sometimes add additional terms and conditions, such as required attendance at AA meetings, Alcohol and Drug Rehabilitation programs, or Ignition Interlock Devices (IID), which are not conditions of release in other criminal cases.

Often, an individual arrested for driving under the influence will be released on OR, meaning he or she will not be required to post bail. Regardless of whether or not a driver is required to post bail, DUI suspects in California are typically jailed for a number of hours until law enforcement officers believe the driver is sober. If a person accused of drunk driving is released, then gets behind the wheel and injures someone in an accident, the arresting agency may be held responsible.

California DUI arrestees are sometimes required to post bail even for misdemeanor DUI arrests. A judge is more likely to require that the accused post bail if he or she refused to submit to chemical testing, was involved in a accident causing injury, or had a blood alcohol content (BAC) measured as .10 or greater.

Felony DUI arrests always require that a defendant post bail. Every county has its own bail schedule, which sets a bail amount for most criminal charges, including drunk driving and driving under the influence of drugs (DUID). Bail for felony driving under the influence arrests is typically set at $25,000 or more. The driver, friend or family member must either post the full bail amount with the clerk of the court or pay a premium typically in the amount of ten percent of the bail amount to a bail bond agent. The premium paid to a bail agent is the fee for posting the bail amount and is non-refundable.

Finding a reputable bail bond firm can be a challenge. You have probably not had to do this before. The Law Office of Robert Tayac has established relationships with reputable bail agents and can usually arrange bail for a client with a San Francisco Bay Area DUI case for an eight percent premium. This can amount to a several hundred or thousand dollar savings.

Unfortunately, posting bail is just the beginning of the process in dealing with a California DUI arrest. The driver will still face court appearances beginning with an arraignment, a California DMV hearing and a possibly even a trial before a jury. The process of navigating Bay Area criminal courts in San Francisco, San Mateo, Marin, Alameda, Contra Costa, Santa Clara, Sonoma or Napa Counties, and the California Department of Motor Vehicles (DMV) are complex and confusing. A person arrested for driving under the influence should be represented by an experienced San Francisco DUI defense attorney who has full knowledge of the procedures of San Francisco Bay Area courts, District Attorney’s offices, and the Hearing Officers of the three DMV Driver Safety Offices located in San Francisco, Oakland, or San Jose. San Francisco DUI defense attorneys at The Law Office of Robert Tayac will assist you with every aspect of a DUI arrest, starting with locating a bail bond firm after a drunk driving arrest.

If you have been arrested for DUI in San Francisco, California, obtaining a qualified DUI defense attorney is the most important decision you can make. An experienced San Francisco DUI defense attorney can protect your rights, keep you informed of your legal options, investigate the circumstances of your arrest, question law enforcement and witnesses, and defend you in both your court case and your California DMV case. A skilled Bay Area attorney can provide the resources and aggressive defense you will need to fight your DUI charges and achieve the best possible result.

Feel free to contact our office for a case evaluation or to locate a reputable bail bond agent.

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