After an arrest DUI, you will proceed to the police station. The police will put you behind bars after booking and have you post bail. Whether or not you are eligible for bail will depend on the severity of your offense, whether you are a repeat offender, and if you have jumped bail before. The bail amount for DUI offenses usually ranges from a few hundred dollars to tens of thousands of dollars. You could post a property, surety, or cash bail. If you need a reliable Perris bail bondsman, contact Fausto Bail Bonds.
Overview Of A DUI Bail In Perris
A DUI bail is the money a licensed Perris bail bondsman posts with the court to help you get out of custody after a DUI arrest. The bail contract between the bondsman and the court guarantees your appearance at the court hearings. If you fail to attend the court hearings, the bondsman will be responsible for any expenses related to your apprehension. This usually means paying the entire bail plus any extra fees and penalties.
Here are the primary factors you should understand regarding posting a Perris DUI bail bond:
You Can Post Bail On Behalf Of a Defendant
The law allows you to post a DUI bail on behalf of a defendant. The defendant could be your friend, spouse, or family member. You can post cash bail or secure bail with a bail bond company if you have enough money. If you opt for a bondsman, a three-way agreement involving you, the bondsman, and the defendant will take effect.
It could be confusing to post bail for a DUI defendant, mainly if it is your first time. Perhaps you are unaware of the amount to post and the acceptable payment methods. You could also wonder whether the defendant will flee after release from jail, leaving you in a financial crisis. Understanding the legal conditions and the risks associated with posting a DUI bail for a defendant could help you make an informed decision.
Typically, it is advisable to do the following before posting DUI bail:
Determine The Amount Of Bail And How To Post It
The amount and payment method are the two main things you should consider when posting a DUI bail for a defendant. The court will determine the amount of bail based on the severity of the offense, whether the defendant is a flight risk, and other factors. The following are the options you have to post bail for a DUI defendant:
- Cash
- Personal checks
- Money orders and
- Bail from a Perris bail bondsman
In some cases, you could also use credit and debit cards.
Determine If The Defendant Is Trustworthy
Some family members and friends are dishonest. It is recommended that you do not post bail for them if they have a record of lying or cheating. If you post bail for someone you do not trust, you could lose the bail amount. You could also lose your property, including a car or house used as collateral.
Weigh The Circumstances
You should consider some factors before posting bail for a loved one. You should investigate the reason for the arrest and the magnitude of the offense. Understanding the defendant's crime can help you ascertain whether you can trust them to attend court hearings. If the defendant faces serious charges, he/she can fail to attend court hearings. The defendant could skip court hearings if he/she has much to lose following a conviction.
Listen To The Defendant’s Side
Listen to the defendant's version of the story. Determine if the defendant is innocent and has been honest and trustworthy. Understanding the defendant's story can help determine whether he/she has reasons to flee.
You Can Post Bail through A Perris Bail Bondsman
If you have enough money, you can post a DUI bail in cash with the court or the court clerk. You can seek a surety bond if you do not have enough money to post bail. A bail bond serves as a personal loan. Your Perris bail bondsman will act as a private loan lender. The bondsman will post bail on your behalf, and you pay a non-refundable premium. The premium is often 10% of your entire bail amount. For example, you could pay the bondsman a $100 non-refundable premium if you face misdemeanor DUI charges where the bail is $1,000.
Sometimes, your bondsman can ask you to provide collateral before posting the entire bail amount. Typically, collateral is a deed to your real estate, jewelry, car, or other qualifying property. The collateral can be disposed of to repay the bail bond's loan if you fail to attend your appointed court date. If you honor all the court dates, the judge will refund the bail money after the completion of your case. In this case, the bail bond company will be refunded the amount posted as bail.
Bail bond companies and the bondsmen can take extra precautions to ensure you attend all court hearings because of the financial risks involved. The bondsman will use all means to ensure his company gets back the money posted as bail. The following are some of the preventive measures a Perris bail bonds company could take:
- Ask a family member or friend to provide collateral for your bail. This will require you to attend court hearings because your family member’s or friend’s property is on the line.
- Contacting you before each court proceeding to remind you about the upcoming court hearing
- Asking you to make regular check-ins at their office to ensure you do not flee the state
You Could Forfeit Your Bail Amount If You Miss Court Appearances
If you post cash and honor all the court appearances, the court will fully refund your bail amount. You will receive your bail amount after your case is resolved. The defendants receive a refund whether the judge makes a guilty ruling or dismisses their charges.
If you fail to attend court hearings, you could forfeit the entire bail amount. This could happen whether you miss all your court dates or a single one.
However, if you miss a court hearing for reasons beyond your control, you can avoid forfeiture of the bail amount. In this case, you must notify your Perris bail bondsman or the court immediately.
You could be ordered to adhere to specific conditions when the court grants you DUI bail so that the bail remains valid. If you violate these conditions, you could forfeit your bail amount. The following are some of the conditions that you could be required to adhere to:
- Enrolling and attending DUI classes for several months to several years
- Putting on an ankle monitor so that you do not leave specific areas
- Avoid taking alcohol and drugs
- Avoid driving with any detectable alcohol in your body
- Surrendering your driver’s license to ensure that you do not drive a vehicle for a particular period
The Bail Amounts Are Often Predetermined
When you appear in court for arraignment on a DUI, the judge will address the prosecutor's request for bail. Most DUI cases have predetermined bail amounts. For example, a first-time DUI offense is usually charged as a misdemeanor. The bail for a misdemeanor offense ranges from $500 to $1,000.
If you are a first-time DUI offender, you could also be released on your own recognizance while the case is pending. Sometimes, the police could book you into a detention facility and set you free the following day without posting bail. This can happen if the police arrest you on suspicion of a first-time DUI offense. On the other hand, law enforcement could issue you a citation indicating an arraignment date in court. In this case, you or your attorney must attend court for the arraignment hearing.
Depending on the judge’s discretion, the bail amount can be increased or decreased depending on the facts of your case. Your bail amount could be increased if your DUI arrest:
- Was a second or subsequent arrest
- Was a felony DUI
- Involved a blood alcohol concentration that exceeded 0.15%
Under the DUI law, the legal alcohol limit for most adult drivers is 0.08%. The law imposes a lower limit for underage motorists, commercial drivers, taxi drivers, limo drivers, and ride-share drivers. Typically, the BAC limits are:
- 04% for commercial motorists
- 04% for ride-share, taxi, and limo drivers
- 05% for underage drivers below 21 years
- 08% for adult motorists
The court could charge DUI as a felony in the following circumstances:
- If you have a prior conviction for committing a felony DUI crime
- If you cause a fatal crash while driving under the influence
- If another person suffered bodily injury in an accident that you caused while intoxicated
- If the DUI offense is the fourth within ten years
The judge could also release you on bail if you were involved in a hit-and-run accident, caused a fatal crash, or committed a felony DUI offense. In this case, the judge could impose a bail of $100,000. The judge could also impose $15,000 in bail if you have a previous DUI conviction within ten years.
If you have two or more prior DUI convictions, the judge could impose a $25,000 bail. You could face a $10,000 bail enhancement if you did the following:
- Caused a traffic collision
- Had a blood alcohol concentration of 0.15%
- You refused to undergo DUI chemical testing
The bail schedule recommends a $25,000 enhancement if you were involved in a traffic collision, refused to submit to a DUI test, or had a BAC greater than 0.15%.
The DUI Bail Is Often Set At A Bail Hearing
The police will put you in jail until you post bail if they arrest you for DUI. If the bail is too costly for you to afford, you can request a bail hearing. A bail hearing is typically a short hearing before a judge. You can use the following ways to request a bail hearing:
- Filing a bail hearing motion
- If bail was already set and you have not paid it within five days, you will automatically get a bail review hearing
A DUI bail hearing is often very casual. The judge is responsible for making the final decision; you do not need to present much evidence. Your attorney can table their proof, and the prosecutor can challenge the evidence provided. The judge can make the following ruling at the hearing:
- Allow you to post bail and be released from jail
- Release you on your own recognizance
Sometimes, the prosecutor can request that the judge increase the bail amount. The judge, however, has the right to use discretion to increase or decrease the bail upon considering the following:
- The nature and facts of the DUI
- The strength of the evidence against you
- Your ties with the community
- If you have ever skipped a court hearing
- Your criminal record
The Role Of An Attorney in a DUI Bail Hearing
Hiring an attorney makes you more likely to prevail at the DUI bail hearing. A competent attorney knows the best arguments to present at the bail hearing. Your attorney can do the following:
- Present new evidence showing that you are not a threat to society
- Propose your release on condition that you surrender your passport to the court
- Propose the installation of an IID in your car to avoid drinking, driving, and injuring other people
- Recommend the use of a SCRAM device or house arrest to prevent fleeing the country
Jail Information
Riverside County Sheriff's Department
Court Information
Superior Court of California, County of Riverside
13800 Heacock St #D201, Moreno Valley,
Find a Reliable Perris Bail Bondsman Near Me
We understand how difficult and frustrating being in jail can be. Nobody likes to be confined behind bars. At Fausto Bail Bonds, we are ready to help you by offering a streamlined release process. As the go-to Perris bail bondsmen, we have highly qualified agents who will go the extra mile to ensure you receive prompt bail bond services. We treat all our clients courteously to ease their anxieties and make obtaining bail bonds quick and straightforward. Many choose our services because we provide our clients with the professionalism and respect they deserve. Contact us at 855-328-7867 to speak to one of our bondsmen.