A DUI is a serious charge that can result in serious consequences. Those arrested on such charges are well advised to seek a reputable DUI attorney in California. If you are arrested for a DUI, here is what you can expect:
Booking
After the initial arrest, typically at the vehicle, a DUI suspect is taken into police custody and “booked” or “processed.” During the booking process, a police officer typically:
- Documents the suspect’s personal information (name, date of birth, and physical characteristics)
- Records information about the alleged crime
- Performs a criminal background search
- Fingerprints, photographs, and searches the suspect
- Confiscates any personal property carried by the suspect, which will be returned upon release
- Places the suspect in a police station holding cell or local jail
Bail
For DUI suspects who end up in the local jail, getting out is the first priority is usually. Typically, a DUI suspect will obtain pre-arraignment release through “Bail” or “Own Recognizance” (O.R) Release. The bail process allows the suspect to pay money in exchange for his or her release from police custody. This typically occurs after booking. As a condition of release, the suspect promises to appear in court for all scheduled criminal proceedings.
If the suspect is not allowed to post bail immediately after booking, a judge may decide later, at a separate hearing or the arraignment, whether to allow release on bail. The bail amount may be predetermined or the judge may set a monetary figure based on:
- The suspect’s DUI record and criminal history
- The seriousness of the DUI offense, such as the injury to others
- The suspect’s ties to family, community, and employment, which would make him/her less of a flight risk
If bail is granted, the DUI suspect may put up the full bail amount as set by the court. If this is not possible, they may post a “bond” in lieu of the full amount. A bond is a written guarantee that the full bail amount will be paid if the suspect fails to appear as promised. Bonds are typically obtained through a bail bond agency. There is normally a fee for the posting of the bond (around 10 percent of the bail amount). Since the bail bond agency will be liable for the full bail amount, they may also demand additional collateral before posting the bond.
“Own Recognizance” Release
When a DUI suspect is granted “own recognizance” release, no bail money will be required to be paid to the court. Under “Own Recognizance,” the suspect is released after promising, in writing, to appear in court for all upcoming proceedings. However, it is likely that the court will impose some conditions on this type of release, including prohibiting the suspect from leaving the area while proceedings are ongoing or requiring the suspect to contact the court periodically while the case is ongoing. A criminal court judge will decide whether to grant own recognizance release based on:
- The suspect’s DUI record and criminal history
- The seriousness of the DUI offense
- The suspect’s ties to family, community, and employment
If a DUI suspect released on “own recognizance,” but fails to appear in criminal court as scheduled, he or she is subject to immediate arrest.
If you or a loved one have been arrested due to drunk driving charges in Orange County, Los Angeles County, Riverside, or San Bernardino, call the Law Office of Ashley Daniel for a free initial consultation.