Bail After a DUI Arrest in Napa County

If you or a loved one has been arrested for Driving Under the Influence (DUI) in Napa County, California, the driver may be released on their own recognizance (OR) for a misdemeanor charge. However, for a Felony DUI charge, refusal to undergo chemical testing, or a prior criminal record, posting bail may be required. The DUI attorneys at Wilber Law Offices, P.C. understand the overwhelming nature of a DUI arrest and will guide you or your loved one through the legal process while striving to keep the charge off your record.

What is Bail?

Bail after a DUI arrest ensures your return to court and can be paid in cash, collateral, or through a bond. Napa County has a standard bail schedule specifying amounts for DUI and other criminal charges. The Eighth Amendment of the U.S. Constitution protects against excessive bail, ensuring it isn’t used to generate revenue or punish the suspect. Your California DUI defense attorney can request the Court to impose Conditions of Release to reduce your bail. These conditions might include SCRAM monitoring, house arrest with electronic monitoring, adherence to a curfew, maintaining employment, and obeying all laws.

Effective October 2019, those charged with DUI for the third time within 10 years cannot post bail until after their arraignment. If you pay cash bail and attend your court hearings, the entire amount will be refunded at the case's conclusion, regardless of the outcome.

Working With a Bail Bondsman

If paying cash for bail isn’t feasible, a bail bondsman can assist. They arrange with the Court for the driver's release until the trial, typically charging a non-refundable fee of 10% of the bail amount. The remaining 90% is secured with collateral. If the driver lacks sufficient collateral, they may seek help from family or friends. If the driver appears in court as scheduled, the bail bond dissolves at the case's conclusion, and any collateral is returned. The bail bondsman retains the 10% fee.

Failure to Appear

If the driver fails to appear in court, the Court notifies the bail bondsman, placing the bail bond in default and requiring full payment of the bail amount. A bench warrant for the driver’s arrest is issued. The bail bondsman has 180 days to return the driver to court before the bail bond is forfeited. They may apprehend the driver or hire a bounty hunter, especially in high-bond cases. In California, bounty hunters need fugitive recovery training and a current license, along with authorization from the bail bondsman to arrest the driver. They must notify law enforcement no more than six hours before apprehending the driver and cannot forcibly enter premises.

Once the driver is apprehended, they are taken to law enforcement, rebooked into jail, with the bail bondsman completing the necessary paperwork. The Court does not require full bail payment if the driver is apprehended within 180 days. If not, the bail must be paid in full, and the bail bondsman uses the collateral to pay the Court. Cash bail is forfeited entirely to the Court if the driver isn’t apprehended.

Napa County DUI Defense Lawyers

If you or a loved one has been arrested for DUI in Napa County, you need a dedicated legal team to fight for you. Contact the DUI defense team at Wilber Law Offices immediately after an arrest to protect your rights. We will work to have your bail reduced or secure your release on OR, and build the strongest defense for you.

For a FREE consultation, contact us today online or at (707) 986-4482.