Understanding Bail and Bond for DUIs in California
April 11, 2025 | Nafiz M. Ahmed
Getting arrested for driving under the influence (DUI) in Redwood City, California can be a jarring experience. One of the first concerns after an arrest is securing release from custody. Understanding the bail and bond process is crucial for individuals and their families navigating the legal system after a DUI arrest.
What Is Bail?
Bail is a financial guarantee to the court that you will appear for all scheduled hearings. The purpose is not to punish you before conviction but to incentivize defendants to comply with the legal process.
If you attend all legal proceedings, the court will refund the bail amount regardless of the case’s outcome. However, if you fail to appear, the court may issue a warrant for your arrest and keep the bail money.
How Bail Is Set for DUI Cases
The bail amount for a DUI in California varies depending on several factors, including:
- The severity of the DUI offense: First-time misdemeanor DUIs generally have lower bail amounts than felony DUIs.
- Whether there were aggravating factors: The bail amount may be higher if the DUI involved an accident, injuries, or a high blood alcohol concentration (BAC).
- Your criminal history: Individuals with prior DUIs or other criminal offenses may face higher bail amounts.
Each California county has a bail schedule that sets standard amounts for different offenses. For example, according to San Mateo County’s most recent bail schedule, bail for a DUI causing injury is $50,000, while bail for a DUI causing an injury with a prior felony DUI is $100,000.
Options for Posting Bail
There are three primary ways to post bail and secure release from custody:
Cash Bail
You or a family member pays the full bail amount in cash. If you appear in court as required, the money is refunded minus administrative fees.
Bail Bond
You can use a bail bondsman if you cannot afford to pay the full bail amount. The bondsman charges a non-refundable fee of typically 10% of the bail amount and posts a bond guaranteeing your court appearances. If you fail to appear, the bondsman may seek reimbursement from you or your co-signers.
Property Bond
You may be able to use real estate that you own as collateral to secure bail. Your property must be worth at least double the bail amount.
DUI Bail Considerations for First-Time vs. Repeat Offenders
California generally classifies a first-time DUI offense as a misdemeanor, meaning you may be released on your own recognizance (OR) or with a relatively low bail amount. However, repeat offenders face stricter consequences.
For example, if you are arrested for a second or third DUI within 10 years, you may be subject to higher bail amounts, mandatory jail time, or stricter release conditions, such as installation of an ignition interlock device (IID) or participation in an alcohol treatment program.
Bail and Felony DUI Charges
California charges certain DUI offenses as felonies, including:
- DUIs involving serious injury or death
- Fourth or subsequent DUI offenses within 10 years
- DUIs with prior felony DUI convictions
Felony DUIs often have much higher bail amounts, sometimes reaching six figures. In severe cases, particularly those involving injury or death, the court may deny bail entirely.
Can Bail Be Reduced?
You can request a bail reduction at a bail hearing. The court will consider several factors, including your ties to the community, employment and family responsibilities, and risk of flight or reoffending. A skilled DUI defense attorney may be able to secure a lower bail amount or an OR release for you.
Contact our DUI Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500