Law Office of Ronald A. Cabanayan
Law Office ofRonald A. Cabanayan

DUI ~ Criminal Defense ~ Immigration/Naturalization

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Posting bail after a DUI arrest

When driving, few events may be more nerve-wracking than having a police officer pull up behind you and turn on the flashing blue lights. While many traffic stops simply result in warnings or citations, it is possible that an officer could take you into custody if he or she believes that you are driving under the influence.

Understandably, you may begin to panic if an officer places you under arrest, but it may help you to remember that you have rights and legal options. Because you will likely worry about spending time in jail, you may wonder whether you will have the opportunity to post bail.

What is bail?

You may have heard of bail but still are not entirely sure what it is. Generally speaking, bail is an amount of money paid to the court in exchange for your release from custody. The amount of bail differs from case to case, depending on the details of the situation, and some cases may not warrant bail at all. If applicable, you or someone else could post your bail, and the court will then send a document indicating that officers should release you from custody.

What factors should the court consider?

As mentioned, the bail for each case differs, and this is because the judge involved in the case takes various factors into account before setting the amount of bail or deciding whether bail applies. Some factors include the following:

  • Whether you are a flight risk
  • Whether you pose a danger to the community
  • Whether the charges relate to a malicious or violent crime
  • The evidence against you
  • The circumstances under which the charges came about
  • Your criminal history

Of course, the judge involved in your case may have other specific details to assess as well. When it comes to bail for DUI, the judge could set a high amount if you have multiple previous DUI arrests or if your current situation warranted a felony DUI charge.

Just the beginning

While posting bail is certainly important to you, you may want to remember that this stage of your case is only the beginning. Even if the judge does award bail and you post it, you will likely still have a long road ahead when it comes to handling the DUI charge. Fortunately, an experienced California attorney could help you along the way if you have an interest in professional assistance.

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Law Office ofRonald A. Cabanayan

31 N. 2nd Street
Suite 321
San Jose, CA 95113

Phone: 408-758-5673
Fax: 408-409-2547
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