The legal process following a DUI arrest is long and tedious. It can take weeks for your case to be over, within which you could remain in police custody. That will interrupt your life on many levels, including your social and professional lives. It helps to know that you could be eligible for bail, which allows you to return to your life and everyday activities as you await the conclusion of your case. But bail can be costly after a DUI arrest. That is why you should consider the help and support of a bail bondsman. They will ensure you enjoy a seamless and quick bail process right after your arrest. With the assistance of a bondsman, you do not need to remain in police custody longer than you should.
The Legal Process Following a DUI Arrest in San Jacinto
A DUI arrest in San Jacinto means that you were driving while under the influence of drugs or alcohol. The police can arrest you at a DUI checkpoint or after stopping you for a traffic infraction. The officer must investigate you for drunk or drugged driving first and only arrest you for DUI if they have a compelling reason to believe that you were operating under the influence. You must understand what the DUI laws prohibit and what your charges entail after a DUI arrest.
When the police stop you at a DUI checkpoint or after a traffic infraction, they will ask you a few questions to determine whether you are under the influence of drugs or alcohol. To conclude, the officer observes your body language, how you answer their questions, and your physical appearance. For example, if your speech appears incoherent, your eyes are bloodshot, and your breath smells of alcohol, that will be the officer’s probable cause for your arrest. Sometimes, police officers ask motorists to step out of their vehicles and perform some preliminary tests to determine whether their driving abilities are impaired. If you fail the tests, the officer will have probable cause to arrest you.
After your arrest, the officer will ask you to provide a breath and/or blood or urine sample to test for alcohol or drugs. These tests show the amount of alcohol in your system or the exact drugs you have consumed. The test results will also form compelling evidence against your charges. The law provides a standard blood-alcohol level above which a driver must not drive.
For example, an ordinary driver must not operate a vehicle with a BAC of 0.08% or higher. A commercial driver must not drive with a BAC of 0.04% or higher. The state also has a zero-tolerance law that prohibits underage drivers under the age of 21 from operating even with the least amount of alcohol or drugs in their system.
If you violate any DUI law, a police officer will arrest you and take you to the police station, from where they will book you. The booking process entails entering your identifying data and details of your case into the police database. The officer will also conduct a background check and provide any information they provide, together with your case details, to a prosecutor. The prosecutor is responsible for filing a case against you in court.
DUIs are priorable offenses, meaning that any prior DUI conviction in your record will affect how the prosecutor files your current case. It will also affect the penalties the judge will give during sentencing.
After booking, the officer will keep you in custody, from where you will await your first arraignment. Remember that you can remain in police custody until your case’s conclusion, which could take several days or weeks. But you are legally allowed to post bail after arrest to await your trial out of incarceration.
How Judges Set Bails for DUIs
The law prohibits keeping suspected offenders in custody before a court determines them guilty of their charges. It means that all suspected offenders can obtain a pretrial release. But judges have the final say on the matter. The judge can deny or grant you bail based on several factors, including the nature of your offense and your ties to the community.
Though DUI is a grave offense, it is not violence-related. It means that you are likely eligible for bail after a DUI arrest. You or your attorney can request bail release during your first arraignment. Bail amounts for DUIs are usually predetermined in bail schedules. But the judge can increase or lower the amount depending on your case’s details and criminal history.
If this is your first DUI arrest, the judge will likely grant you a release on personal recognizance. You will not pay any amount to obtain a pretrial release. But if you are a repeat offender, the judge will set an amount for your bail, depending on your criminal history and the strength of your community ties. People who have jobs, businesses, and/or families are considered to have strong community ties. They are least likely to flee after bail release. The judge can release them on personal recognizance or set a reasonable bail.
The judge will also consider your criminal history when setting your bail amount. A second and subsequent DUI arrest within ten years makes your criminal history severe. The judge can set a higher amount to discourage you from making bail, especially if they suspect you could re-offend while on bail.
The judge could also set a higher bail if your case has aggravating factors, like an accident, injury, or death. For example, if you caused an accident while intoxicated while driving, your case is severe and requires a higher bail. Bail for misdemeanor DUIs is usually less than that for felony DUIs.
Posting Bail After a DUI Arrest
Once the judge sets your bail, they will provide guidelines through which you will post bail to obtain a pretrial release.
You can post cash bail if you have enough money to make the entire payment to the court. You can do so in cash or through a check or money order. Cash bail is the easier way to make bail after a DU arrest. It is quick and straightforward. The court refunds the money after your case’s conclusion. But you can lose the entire amount if the court forfeits your bail for failing to appear.
However, posting cash bail can be a significant challenge if you do not have the money to pay the full bail. Though you could raise money from family and friends, that could prolong your stay in police custody. Consider using a bail bondsman to obtain a quicker release if your bail is more than you can afford.
A reliable San Jacinto bail bondsman can help you quickly obtain a pretrial release. Bail bondsmen are third-party companies working closely with courts and jails to help defendants eligible for bail but cannot afford the set amount. They charge a reasonable service fee, usually 10% of the bail or less. Since they work closely with local courts and jails, bail bondsmen are familiar with all the processes involved in processing your release immediately after your arrest. It takes a bail bondsman only a few minutes to process your bail after contacting them for help.
How the DUI Bail Bonds Process Is Like
Once the judge sets your bail during your first arraignment, you can ask a friend or family member to contact a San Jacinto bail bondsman. They can do so by phone or through an online message. Remember that bail bondsmen are always prepared to help defendants who cannot afford to post cash bail. Therefore, the bondsman's response will be immediate. You do not need to visit their officers to start the bail process. You can do it online or over the phone.
The company will first ensure you understand their terms and conditions. They will also seek to know whether you intend to follow through with the court process. A bail bondsman will not help if you plan to skip trial after a bail release.
The bondsman starts the bail process immediately after you pay the required premium. A premium is an amount you pay before the bondsman starts the bail process. It also doubles as the feel for the bail bond service. Fortunately, you can pay the premium in installments if you cannot pay the entire amount upfront.
A San Jacinto bail bondsman will also ask for collateral and a co-signer. These are essential requirements when working with a bail bondsman. Once you meet all the requirements, the bondsman will start the bail process. It takes an experienced bail bondsman less than an hour to process your bail once you agree to their terms and conditions.
Reasons You Need to Provide Collateral
The justice system requires you to pay a particular amount as bail to guarantee your court appearances. It would be difficult for defendants to honor all their court appearances if they were not afraid of losing so much money. Remember that courts forfeit bail when defendants fail to appear. If you have paid so much, you must make all court appearances and abide by all your bail conditions. Then, you will receive your money back in full after the court process.
However, when working with a bail bondsman, you do not pay any amount to the court, but the bondsman does. The company risks losing a substantial amount if you skip bail or make a mistake that causes the court to forfeit your bail.
That is why your chosen San Jacinto bail bondsman will likely ask for collateral to help you obtain a pretrial release. In this case, collateral will be anything of value that the company can keep until the end of your case. They will return the collateral once your case is over and after the court has cleared you and paid the company back the amount it spent as a surety bond. However, you could lose the collateral to the bail bondsman if you fail to appear and the court forfeits your bail. The company will need to sell the collateral to cover its financial losses.
San Jacinto bail bondsmen accept all kinds of valuables as collateral, including jewelry, art collections, vehicle documents, or titles to real estate properties.
The Role of a Cosigner
A cosigner can be a person who will assist you with bail matters while you are in police custody. They can contact the bail company and sign for the services on your behalf. Remember that there is nothing much you can do while behind bars. You need a trusted person to help process your pretrial release.
San Jacinto bail bondsmen need to work with a cosigner as they need assurance that someone will cover their losses if you fail to appear and the court forfeits your bail. Your cosigner will sign the bail bond agreement on your behalf, agreeing to take responsibility if you violate your bail, and the court demands that the full bail be paid. Therefore, your cosigner must be financially stable or have stable employment. They must demonstrate their ability to pay your full bail to the court if the court demands it.
The co-signer must also reside within the court’s jurisdiction. They must have a stable residence and be willing to remain within that jurisdiction until the end of your case.
Having a co-signer works to your advantage, as they can negotiate more favorable bail bond terms with the bondsman.
Find a Reliable Bail bondsman Near Me
If you or someone you love is arrested for DUI in San Jacinto, you can seek the help of a reliable bail bondsman for a quicker pretrial release. Bail bondsmen are always prepared to take you through the process and ensure you do not remain in police custody longer than you should. But you have to choose and contact a reliable, affordable, and timely bail bondsman right after your arrest.
We offer reliable and affordable bail bond services at Fausto Bail Bonds. We do so to ensure that even defendants who cannot afford cash bail can enjoy a pretrial release. You can count on us after your DUI arrest for help and support, regardless of the day or time of your arrest. Call us at 855-328-7867 to learn more about DUI bail bonds and our services.