Once you have been arrested for a DUI, or Driving Under the Influence, there is a specific process by which you will find yourself walking through. Within this article we will explore what this looks like, what you can expect, and simplify some of the terminology used within each step. Due to the nature of each individual facing circumstances unique unto them, it will be in your best interest to please be sure to contact Gage Gandy for detailed information regarding your specific circumstances. Let’s look at what it will take for you to even be considered for bail once arrested for a DUI.
What process can I expect after my arrest?
After you have been arrested, as a DUI suspect, you will be taken into police custody and walked through what is known as “booking” or “processing”. The following is what you can expect to happen from this point with an officer:
• suspect’s personal information: name, date of birth, physical characteristics
• records information about the alleged crime
• performs a record search of the suspect’s criminal background
• fingerprints, photographs, and searches the suspect
• confiscates any personal property carried by the suspect to be returned upon the suspect’s release: keys, wallet, jewelry, purse
• places suspect in a police station holding cell, or the local jail
It is important to note here that for DUI suspects who are placed in jail, the first priority is typically to get out. You will usually be able to obtain pre-arraignment release through Bail or upon your “Own Recognizance” release.
What does Bail look like?
By definition, Bail is the process by which an arrested suspect (in this situation a DUI suspect) is allowed to pay for exchange of release from police custody. This is usually the process that is followed after booking. For Bail to be granted by the judge, you must promise to appear in court for all scheduled criminal processes, including the following:
• preliminary hearing
• pre-trial motions
• actual trial
If you are found to not be eligible for posting bail at the police station directly following booking, it is still possible for a judge to determine that you are able to post bail at a later time after appearing before him in court or for the arraignment. An amount for your bail can be determined at what is known as a “bail schedule”, or through the judge’s decision which is based upon:
• your DUI records and criminal history
• seriousness of your DUI offense, based upon the terms of injury to others
• your connections to family, community, and employment
What happens if I cannot afford to post bail?
While you may not be prepared or capable of posting bail for a DUI arrest, it is possible that your family or friends may be in a position to assist you posting the bail that is determined for you. It is also possible that a “bond” may be established in trade for the full amount. By definition, a bond is a written guaranteed that the full bail amount will be paid if the accused fails to appear as promised. Typically, these bonds are acquired through a bail bond agency. It would be in your best interest to retain the services of a professional and experienced bail bondsman who is capable of not only helping you to understand the process of bail, but also which steps to take is in your best possible interest. They will have not only the best experience in these situations, but also unlimited resources to assist in gaining you the best possible outcome. At Gage Gandy, we are here to help make this process as simple and fair as possible.