How to post bail in Los Angeles, California for a DUI related arrested

August 26, 2019

When you or a loved one is arrested in relation to a DUI or a related offense, you're faced with what can be a very stressful situation. Your first thought is probably going to be related to how to get out of jail and what the bail process looks like. If you've never gone through it before, it can seem daunting at first. But there's no need to worry if you need to go through the bail process. It's all fairly straightforward once you begin to look at the essential steps and understand how it all works.

You can get started with the steps needed to post DUI bail bonds as soon as you or someone you know has been arrested and processed. This guide will take you through the process of how to post bail in Los Angeles for a DUI-related arrest so that you can get started right away.

What Does Posting Bail Mean?

When someone is arrested and charged with a crime, bail is usually set to allow them to be released from jail until their trial begins. Bail is an amount of money that must be paid to secure the defendant's release from jail. Its purpose is to help ensure the defendant will return to court. If they don't, any money paid in cash won't be returned to them. Or, if they use a bail bond, any collateral put up could be lost or the person who signed the bail bond agreement could eventually be responsible for paying the full bail amount. Of course, if they skip court, they could also face additional charges and would be ineligible for bail when arrested again.

After someone has been arrested, they will go to court and a bail amount will be set. Posting bail is when you pay this bail amount through whichever means you have chosen and complete any necessary paperwork. When bail has been posted, the defendant can be released from jail on the promise that they will later appear in court when required to.

Arrest and Setting Bail

The first thing that happens is someone being arrested and processed in jail. Processing will involve having their fingerprints taken, mugshots, and personal details being recorded. Once they have been processed, you can look up whether they are in jail online.

Next, the person will have their first court appearance and the bail amount will be set by a judge. The judge will use the California Bail Schedule as a guideline for how much the bail amount should be. In 2024, the amount for driving under the influence of alcohol is $1670. There are higher amounts set depending on the severity of the accident, whether injuries or death are caused, whether the crime is a misdemeanor or a felony, and what other crimes the defendant might also be charged with. The judge can also decide whether or not bail should be granted. There are some circumstances when bail might not be set. These include if the defendant is seen as a flight risk or if they could be a danger to the community.

The defendant is generally allowed to make some phone calls to start making arrangements. They can contact friends or family to let them know what's happening and have the opportunity to get in touch with a bail bond company if they need one. Information on several bail bond companies will be provided to them so they can make a choice. However, if a family member or friend has been arrested, you might prefer to find a company for them because you can do a bit more research into which ones are best to use. Bail should be set within 48 hours of the arrest.

Ways to Pay Bail

There are several options that can be used to pay bail. Some people may be able to pay the full bail amount in cash. However, this often isn't possible, especially with higher bail amounts set for felony crimes. If you need help with posting bail, a bail bond can make it easier. Bail bonds enable you to pay just a portion of the total bail amount and have the rest covered by the bail bond agency.

There are plenty of bail bond companies that can help you out. Choose an established and experienced agency like Mr Nice Guy Bail Bonds. When you're looking for the right company, you can check their license number, which they should display on their website. You can check the license with the California Department of Insurance. You might also want to look at reviews for the company to see what previous clients have to say.

Your bail bond agent should provide you with information about bail bonds and the options you have. Many have discounts for certain people, including homeowners or military members.

Complete a Bail Bond Application

If you are using a bail bond, the next step is to fill out a bail bond application. The bail bond agent needs some important information so they can assess and process your application.

Some of the information you need to provide might include:

Name of the defendant
Date of birth
Booking number and jail location
Cosigner information if needed
Information about collateral if required

You will be given a copy of the bail agreement so that you can read the terms and decide whether it's right for you. You should read the conditions and make sure you understand it all before you sign. Pay attention to the total bail bond amount and the amount you're expected to pay. It should also tell you about your responsibilities and what will happen if the defendant doesn't make their court appearances.

Payment and Posting Bail

Once your bail application has been approved, you can pay your premium and the bail bond can be paid. In California, the premium can't be more than 10% of the total bail amount. In many cases, it might be lower than this due to various discounts or bail bond agents setting their fees lower. However, 10% is the standard amount you can expect to pay without any discounts. Some bail bond companies will offer financing options so that you can choose a 0% down bail bond, which might be an option if you don't have the cash to pay the premium outright.

You can usually pay the premium in several ways. This might include paying over the phone or paying online. You might also have the option of visiting the bail bond agent's office to pay in person. You can pay using a debit or credit card, cash, check, wire transfer, or other options. Speak to the bail bond agency about payment plans if you need one.

The bail bond company will help you post bail with the court. They can assist with paperwork and other requirements. Bail can usually be posted at any time of day or day of the week and doesn't have to be done in person.

Release from Jail

Once bail has been processed, the defendant can be released from jail. This won't necessarily happen right away, and they might have to wait until everything can be processed properly. If the jail is busy, it could take a bit longer. Usually, it will be only a few hours but, depending on the circumstances, it could take up to three days.

When someone is released on bail, it's on the condition that they appear at all of their future court dates. By signing a bail bond agreement, you take on some of the responsibility of making sure they show up. If they don't appear in court, the bail bond agency might use enforcement agents to find them and present them to the court or jail. The bail bond agent has six months to find the defendant and return them. If they can't do this, you could be responsible for repaying the full bail amount.

After the trial has finished and the defendant has made all of their court dates, there won't be any money returned if you used a bail bond, unlike with a cash bail. The bail bond company uses the premium you paid as payment for their services. If you paid the bail amount in cash, the money is returned less any fees that might be due. Any collateral used will be released too.

What DUI Offenses Can You Be Charged with in Los Angeles?

There are multiple offenses related to driving under the influence of drugs or alcohol that you could be charged with in California.

The DUI laws in California are defined under Vehicle Code section 23152. Key points include:

It's against the law to drive a vehicle when under the influence of drugs or alcohol
The legal blood alcohol limit for driving a vehicle is 0.08 percent
It's unlawful for anyone addicted to any drugs to drive a vehicle (unless they are in an approved narcotic treatment program)
The blood alcohol limit for driving a commercial vehicle or driving with a passenger for hire is 0.04

It's also important to note that there are DUI offenses that relate to using a bike, scooter or motorized board/hoverboard. These include misdemeanor offenses for operating a motorized scooter while under the influence, operation of an electrically motorized board while under the influence of drugs or alcohol, and riding a bicycle under the influence. Although these are all misdemeanors, they are still taken seriously and can result in an arrest and bail of several hundred dollars.

DUI may not be treated as a crime on its own. There are other factors that could alter the charge, including whether anyone was injured or killed. If anyone was injured, the severity of the injury also makes a difference and child endangerment is another factor,

It's also important to note that anyone driving a vehicle in California is considered to have given their consent to have their blood or breath tested to determine blood alcohol content. Refusal can result in a forced blood draw and an additional penalty in the event of a DUI conviction.

How Much Is Bail for DUI Offenses?

The amount that will be set as bail for a DUI offense will depend on a number of factors. The California Bail Schedule is used as a guide, although the judge can also use their own discretion. A DUI arrest could mean that the defendant is charged with one (or more than one) of a number of crimes. There can be aggravating factors such as a DUI with hit and run or a DUI that also involves the use of a dangerous or deadly weapon.

The bail set will depend on whether the offense was a misdemeanor or a federal crime, as well as the exact nature of the crime. For misdemeanors, the recommended bail for driving under the influence of alcohol or drugs starts at $1670 and increases depending on whether injury was caused, whether it was a commercial vehicle, and other factors.

In the 2024 felony bail schedule, the recommended bail for vehicular manslaughter DUI without gross negligence is $50,000. For DUI with gross negligence, the recommended amount is $100,000. In some cases, a magistrate may review the situation to set a suitable bail amount. This includes felony DUI charges and DUI causing bodily injury.

Some lower bail amounts may be possible to pay in cash. However, when it comes to felony offenses, many people benefit from the services of a bail bond agency.

Where to Begin with Posting Bail in Los Angeles, California

If you need to post bail for yourself or someone else for a DUI arrest in LA, start by searching for a reliable bail bond company. Check their licensing and reviews, as well as their prices and financing options, to find one suited to your needs. It's also important to get legal advice as soon as you can. An attorney will help you to address the legal details of the case, while a bail bond agent will allow you to secure a release from jail.