What bail is set for a DUI case depends on two significant factors: whether the person is going to be a flight risk and not come back to court if the judge lets them out on their recognizance without having to post bail or sets a low bail.

The second significant consideration is – whether the person is a danger to the community. This is very much applicable in DUI cases because when people are driving around with alcohol in their system, they tend to be more dangerous; they get in accidents, and they risk the lives of those people in public.

So, this is really what the judge will be focusing on in deciding what type of bail will be set in a DUI case. Suppose it's an average, run-of-the-mill DUI without a high blood alcohol level, most of the time in the LA county courts. In that case, the person will be released on their recognizance, which means they'll be released with a promise to appear at the next court date that's set.

On the other hand, even on a first offense, if the individual has a high blood alcohol level, the judge can make them attend AA meetings. In contrast, their case is pending, and while they've been released without having to post bail, or they could make them post bail, the person wouldn't have to attend the AA meetings. So, bail issues for misdemeanor cases on first-time DUIs are pretty straightforward and relatively easy.

Felony DUI With Injuries

The difficulty starts to come in is, for example, in felony cases when the person has committed some severe injury against another person. That bail will typically be $100,000.00 or more depending on the facts and circumstances surrounding the case.

If the person has violated probation related to a DUI and has a new felony, for example, the judge can often put no bail on that probation case. So, even though you might have $100,000.00 on the felony DUI if the judge sets a no-bail on the probation case, you're not getting out. Your attorney will have to go into the probation court to try to get the probation judge to lift the no-bail hold and either put a bail or release you on your recognizance. Violating probation can lead to serious consequences, including extended jail time, so it's crucial to adhere to the conditions set by the court.

Many different angles and techniques can be used to get somebody out on bail or to deal with the bail so they can get out on their recognizance, but again, it depends on the facts and circumstances surrounding the DUI.

The more dangerous a person's activity is perceived to be, the more likely they are to get a high bail on their DUI case. Many people don't realize that, for purposes of bail in DUIs or any crimes, the judge is to assume whatever the allegations are against a person in the complaint—the charging document in a criminal case.

That they're true, and that's just the way the system works – even though you still have the presumption of innocence as it relates to a jury trial for a DUI case. When it comes to bail, it's presumed that whatever they have you charged with is accurate, and that's how the judge will set the bail for your DUI case.

Bail Schedule

There's something called a bail schedule, and that pretty much controls what the judges are typically going to set DUI cases at. They can go below the bail schedule, or they can go above the bail schedule with a bail deviation if the prosecutors, through the police, can mount a powerful argument that your bail needs to be higher than what would typically be set because of the danger level that you pose to a society based on what you did in this case and based on what you could do in the future.

There are all kinds of different things that can be done. I've been able to avoid huge bails or no-bails by putting an ankle bracelet on my client's leg, called a scram bracelet. This bracelet detects alcohol, and the judge orders them not to drink any alcohol while they're out on bail and their case is pending. Obviously, this scram bracelet would go off if they drank alcohol; the court would be alerted, law enforcement would be warned, and that individual would be arrested.

There are all kinds of different tactics and techniques for setting bail. For instance, your attorney might argue for a lower bail based on your strong ties to the community or your lack of a flight risk. Sometimes, a person has committed such a severe offense, and the prosecutors have evidence that it's not a good idea to bail them out for a couple of reasons.

One, you'll waste money because you'll have to go back in again, and two, you're getting somebody else who is on a collision court for potentially worse problems. If the family is considering bailing somebody out who has a high bail related to a DUI case, these things have to be discussed between the family and the attorney and the family and the client.

Next Step in Your Defense

When you're facing a DUI case, it's crucial to seek guidance from a seasoned DUI defense attorney. They can provide you with the expertise and support you need to navigate the legal process effectively and make informed decisions about your defense, including the bail issue.

Be honest with the DUI defense attorney because they're not going to be able to fully help you if you don't give them good information for purposes of bail or the criminal case once you're honest with them.

When people come in and give me the information, we can have a frank conversation. I tell them what I think they ought to do and what I can do regarding the bail issue related to the DUI in LA County, and then we move from there. We put the pieces in place to get the person out of the criminal justice system as fast as possible and protect their rights, freedom, and DUI driving record.