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Getting Bail After Being Taken Into Custody for DUI

The Law Office of Joel M. Bacher Jan. 8, 2020

After being taken into custody for drunk driving in New Jersey, people will likely be booked into jail. However, there is a chance that they will be able to leave the jail either immediately after being processed or after a hearing before a judge. Individuals can be allowed to leave under their own recognizance. This means that they don’t have to pay a fee to secure their freedom.

However, they do have to agree in writing that they will appear at all future scheduled court hearings. Failing to do so could result in being placed back in jail, and there is no guarantee that bail will be offered again. Those who are allowed to make bail will be given the opportunity to pay for their release. Bail amounts may be determined by state law or based on the circumstances in a given case.

For instance, a judge may need to consider a person’s prior criminal history when deciding how much he or she will need to pay. It may also be necessary to consider whether a person has sufficient ties to the area or if he or she will be a flight risk. Those who cannot afford their bail might be able to purchase a bail bond, and bail bonds are typically purchased for 10% of what a person needs to make bail.

A conviction on a DUI charge may result in a person spending time in jail, paying a fine and losing his or her drivers license. An attorney may be able to help a defendant get a drunk driving charge dropped or reduced. This may be done by casting doubt on Breathalyzer and other test results used by a police officer to determine that an individual was too impaired to drive.