CA DUI FAQ's

Release from custody (O.R. and Bail)

My friend has been arrested for DUI in CA —How can I get him out? How does bail work? Can he be let off on his Own Recognizance (O.R.)? How come bail is so high? Can anything be done to lower the bail? Consulting a qualified California criminal defense lawyer is fast and effective.

In general, when someone is arrested for an infraction, misdemeanor, or CA DUI they may be let off with a citation based upon their promise to appear. Things are different when it comes to felonies or “wobblers.” (Wobblers are cases that can be charged as either felonies or misdemeanors.) In those cases, while it is possible to be let off on their own recognizance, a bail hearing may be needed.

Each county has a bail schedule and bail hearing, which lists the bail that applies to each different CA DUI case. It is possible to get that amount lowered, depending on the crime that is charged, and the history of each person defendant. The court will think about such factors as the seriousness of the offense, the defendant’s criminal record, and if the defendant is a flight risk.

Bail may be posted directly with the court clerk or law enforcement agency having custody of the defendant, or a bail bondsman may be used. In general, a bail bondsman will want a fee of 10% of the amount of the bail. This fee belongs to the bondsman; you will not get it refunded. The bail bondsman will also need collateral to get the bond.

A skilled CA DUI defense attorney can be helpful in getting bail cut, or helping a defendant be let off on his or her own recognizance.

If you have a question about someone’s bail, you can contact a California DUI criminal defense attorney Darren T. Kavinoky right now.