In California, an arrest for a DUI/DWI can begin in two ways.  An arrestee can be cited and released on their own recognizance, or held until bail is posted.  Generally, DUI arrests result in an OR release, meaning no bail needs to be posted.  DUI suspects may be held for a number of hours and then released when the arresting agency is confident that the suspect poses no danger to others.  For liability reasons, an arresting agency will not release you until they are sure you are sober, out of fear that you may get behind the wheel and injure someone in an accident.

If bail is required to be posted, this means that some amount of money will be needed to secure your appearance in court to face the criminal charges.  Most of the time, the amount of bail posted exceeds the amount available to the arrestee or the arrestee’s family.  In these cases, a bail bond provider will be needed.  Bail for a drunk driving arrest is like bail in any other criminal case, but there may be additional terms and conditions, such as attendance at Alcoholics Anonymous meetings.
A DUI can be charged as a misdemeanor or a felony.  A misdemeanor DUI charge may or may not require bail.  Bail is most likely required in cases where the DUI arrest includes a refusal to submit to chemical testing, where there is a blood or breath alcohol level (BAC) that is .20 or higher, or where there is an accident or injury involved.

Felony DUI cases will certainly require the posting of bail.  The amount of bail will differ from one county to another.  Each county has its own bail schedule, which sets bail for each type of crime, criminal charge, or arrest, including DUI / DWI, drunk driving, driving under the influence of drugs, or any other drinking and driving arrest.  A felony DUI arrest will require a bail of $100,000.00.

If you or someone you care about has been arrested for misdemeanor DUI / DWI, felony drunk driving, or any drinking and driving or driving under the influence of drugs (DUID) charge, please consult with a criminal defense DUI / DWI lawyer who is well-versed in defending drunk driving cases. Thomas Wallin is a criminal defense attorney who knows how to help.