San Diego DUI & Bail

When you are arrested for DUI in San Diego you will be taken to jail. Then you will either be released when you are sober, usually 8 hours later, or you will have to post bail to be released. Most San Diego DUI cases don’t involve the posting of bail but there are certain circumstances in which you may have to post bail, such as:

DUI Causing Bodily Injury

If you injured somebody else in an accident whilst drunk driving you will have to post bail in order to be released from jail.

Minor Passenger In The Car

If there was a passenger under the age of 14 in the car that you were driving when you were arrested for DUI in San Diego then you may have to post bail to be released from jail.

Maximum Enforcement Period

Certain times of the year, such as Christmas holidays and Memorial day weekend etc, are declared Maximum Enforcement Periods. If you are arrested for DUI in San Diego during this time then you will need to post bail if you want to be released from jail.

You have previous DUI convictions

Prior convictions for DUI will probably mean that you have to post bail in order to be released from jail. DUI convictions from over 10 years ago do not count as they have been washed from your record.

You Are an Out of State Resident

Out of state residents are considered a flight risk and as such are required to post bail before being released from jail on DUI charges. The bail amount can be affected by many factors but the bail schedule of 2008 sets a first offense DUI violation at $2,500, second offense DUI violation at $10,000 and a third offense DUI violation at $15,000. You may use the services of a bail bondsman who will charge a fee of 10% of the bail amount, or you can post the bail amount yourself and you will be reimbursed 2 to 3 months after you have appeared at all of your court hearings. Your San Diego DUI attorney will be able to assist you in finding an accredited bail bondsman.

If you do not post bail then you will remain in jail until your DUI arraignment, which is your first appearance in court. The arraignment usually takes place within 3 court days of your drunk driving arrest and at this hearing your San Diego DUI lawyer can ask the court to reduce your bail amount. If you never pay the bail amount then you will be kept in jail until the conclusion of your San Diego DUI case.