Bail for DUI in California – 5 Key Things to Know

Consider the scenario where the police arrested you in California for driving under the influence of alcohol (DUI). You are placed in custody and told that you have to post bail to get released. What should you know?

One important thing to know right off the bat is that many times you may be released on your own recognizance without having to post bail. Many jurisdictions in California simply keep you in a holding tank until you sober up, and then release you after you sign a written promise to show up to court on a specific day.

But if you are required to post bail in order to get released, there are five key things to know. These are:

1. your bail is often set at a bail hearing,
2. bail amounts are typically preset,
3. you can post bail via a bail bond,
4. someone can pay bail on your behalf, and
5. you will forfeit your bail amount if you miss court appearances.

Note that “bail” is money that you must post with the court in order to be released from custody. Its purpose is to help make sure that you attend all future court dates.

1. What is a bail hearing in California DUI cases?

A judge will often hold a bail hearing if you are held in custody following a California DUI arrest.

At the hearing, the judge will decide whether you:

• have to post bail in order to be released from jail, or
• can avoid paying bail and get released on your own recognizance.

If a judge decides that you have to pay DUI bail, they will determine the amount of bail.

Note that bail amounts are often determined by a county or jurisdiction’s bail schedule. Though a judge usually has wide discretion in increasing or decreasing your bail upon considering:

• the nature and circumstances surrounding the DUI,
• the weight of the evidence against you,
• your ties to the community,
• your criminal history, and
• whether you have ever missed a criminal court appearance.

Sometimes a judge will consider bail issues at an arraignment rather than a bail hearing.

2. How much is bail for a DUI?

All California jurisdictions have bail schedules that set forth preset bail amounts for DUI offenses.

For example, in Los Angeles County in California, the county bail schedule specifies that bail for a first-time DUI offense (which is charged as a misdemeanor) is $500 to $1,000.¹

However, this amount can increase depending on the facts of your case. For example, your bail will increase in your Los Angeles County drunk driving case if your DUI arrest:

• was a second or subsequent arrest,
• was for a felony DUI, or
• involved a blood alcohol content (BAC) above 0.15%.²

If you are facing DUI charges, you should consult with a DUI defense attorney or criminal defense lawyer to learn more about:

• your county’s bail schedules, and
• the amount of bail applicable to your case.

3. Can you post bail in a DUI case via a bail bond?

Most often, yes. If you have the full amount of money to cover your given bond amount in your DUI case, you can deposit this money with the clerk or the court and get released on cash bail.

However, people usually do not have enough cash to cover all of the bail amount. In this case, you can obtain a bail bond to get released from custody.

With a bail bond, a bail bondsman posts your bail for you in exchange for a non-refundable bond premium. The exact amount of the premium is a certain percentage of your total bail amount.

California sets bond premiums at 10%. Therefore if your misdemeanor DUI case involves a bail amount of $1,000, then you will pay a bondsman a $100 nonrefundable fee to post your bond.

A bail bondsman is sometimes referred to as a “bail bond agent.”

4. Can a friend or family member post bail on your behalf?

Most often, yes. California law typically allow someone other than the DUI offender to post bail on the offender’s behalf.

This other person can either post cash bail or secure bail with a bail bond.

But if you post bond on behalf of someone arrested for DUI, note that the act may form a three-way contract between:

• you,
• the DUI offender, and
• the court.

This means that you may take on the responsibility of making sure the offender appears in court.

5. What happens to the bail amount if you miss a court date?

If you post cash bail and make all of your court appearances in California, you will generally receive a full refund of the bail amount after the case is closed. Though if you fail to appear for a court date, you will forfeit the full amount of your bail.³

If you use a bail bond to post your bail, you will usually not get your bond premium back. This is true no matter whether you:

• make all of your court dates, or
• miss a court date.

Recall that your bond premium is non-refundable, which means that there is no bail refund in criminal cases.

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