Understanding Bail and Bond for DUIs in Alabama
If you’ve been arrested for a DUI (Driving Under the Influence) in Birmingham, Alabama, you may be wondering about the next steps—particularly how to get out of jail. One of the first things you’ll encounter is the concept of bail and bond. While the terms “bail” and “bond” are often used interchangeably, they have distinct meanings and can affect your case in different ways. In this blog, we’ll explain what bail and bond are, how they work in DUI cases, and how they may impact your situation.
Understanding Bail and Bond
Bail is the amount of money a defendant must pay to be released from jail while waiting for their trial. It is essentially a promise to return to court for all hearings. If you don’t show up, you lose the money you paid for bail.
A bond, on the other hand, is a guarantee provided by a bail bondsman. If you can’t afford to pay the full bail amount, a bondsman will pay it on your behalf for a fee—usually 10% of the total bail. In exchange, the bondsman takes on the risk that you will show up for court.
The court sets both bail and bond during the initial appearance or arraignment after your arrest. However, understanding the specifics of how they work in DUI cases is crucial.
The DUI Process and Bail in Alabama
After your DUI arrest in Birmingham, you will be taken to jail and booked. From there, the court will schedule an initial hearing, usually within 48 hours, to determine if you will be granted bail. According to the Alabama Criminal Procedure, The court considers several factors when deciding how much your bail will be:
- The seriousness of the offense: A first-time DUI might result in lower bail, while an aggravated DUI (such as one involving a high BAC or an accident) will likely result in higher bail.
- Flight risk: If the court believes you might try to flee, it could increase the bail amount.
- Criminal history: Multiple DUI arrests or convictions may lead to a higher bail.
- Public safety risk: If you’re considered a danger to others (due to a high BAC or reckless behavior), bail may be set higher.
Understanding how the court determines bail in Alabama after a DUI arrest is crucial, as several factors, like those above, can influence the amount set for your release.
DUI Bail Amounts in Alabama
Bail amounts for DUI offenses vary based on the specifics of your case. Under Alabama DUI laws, typically, a first-time DUI offense might have bail set between $500 and $1,000. However, if aggravating factors are present, such as a BAC over .15%, an accident, or prior DUIs, the bail amount could be much higher.
Paying Bail in Full vs. Using a Bail Bond
After your DUI arrest, you have the option to either pay bail in full or secure a bond. Here’s a quick breakdown of both:
- Paying bail in full: If you can afford it, you can pay the full bail amount directly to the court. Once your case is resolved, the court will return the bail to you minus any court fees or fines.
- Using a bail bond: If you can’t afford the full bail, a bail bondsman can pay it for you in exchange for a fee, usually 10% of the total amount. For example, if your bail is $1,000, you’d pay the bondsman $100. The bondsman may also require collateral to secure the bail.
Whether you choose to pay bail in full or use a bail bond depends on your financial situation, but both options allow you to secure your release while awaiting trial.
DUI Bail Conditions in Alabama
When you are granted bail for a DUI offense, the court may impose additional conditions to ensure you are complying with the law while you wait for your trial. Some of these conditions may include:
- No alcohol consumption
- Alcohol monitoring
- Regular check-ins
- No driving
Failing to comply with any of these conditions could lead to the revocation of your bail, meaning you could be taken back into custody.
Legal Considerations: What Happens if You Don’t Show Up for Court?
If you fail to attend your scheduled court hearings, you could face additional charges, such as failure to appear, and you will likely lose the bail or bond amount. In addition, the judge may issue a bench warrant for your arrest. For those who used a bail bond, the bondsman may also take legal action to recover the money paid to the court. This could involve seizing any collateral or pursuing legal means to ensure payment.
How an Attorney Can Help with Bail and DUI Charges
The bail process can be overwhelming, especially if this is your first DUI arrest. An experienced DUI attorney can help you in several important ways:
- Requesting bail reductions
- Explaining the conditions
- Guiding you through the court process
Navigating the legal process after a DUI arrest can be complex, but with the help of a skilled DUI attorney, you can better understand your options and protect your rights.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. For a Free Consultation
If you’ve been arrested for a DUI in Birmingham, understanding bail and bond is key to securing your release. Bail ensures your court appearance, while a bond involves a bail bondsman covering the cost if you can’t afford it. For assistance with your DUI case, contact Jaffe, Hanle, Whisonant & Knight, P.C. for a consultation with an experienced Birmingham DUI lawyer.
Contact a Birmingham DUI Lawyer At Jaffe, Hanle, Whisonant & Knight, P.C. Today
For more information, contact an experienced Birmingham DUI attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800