Bail Information

While most DUI or drunk Driving arrests in San Diego County do not require that bail be posted to be released from custody there are specific situations that do require that bail be posted.

DUI causing injury

The first of those situations happens when a person is arrested for Driving Under the Influence causing injury. This is codified under section 23153 of the California Vehicle code. The code section states:

(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

(b) It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.

(c) In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated. (d) It is unlawful for any person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately auses bodily injury to any person other than the driver. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.

Maximum Enforcement Period

The second situation where bail may be required occurs during those "maximum enforcement" periods. During these times of the year even though your arrest did not involve injury to anyone you must either stay in jail or post bail. These periods occur during times like memorial day weekend and the Christmas holiday etc.

Previous DUI Conviction

The third situation where bail may be required occurs when a person has been previously convicted of DUI.

Out of County/State Resident

To be released from custody (assuming no other "holds") you will have to provide a local San Diego County address. If you can't then you are "assumed" to be a risk (of not appearing in court) and as such bail will be required.

There are numerous bail bond providers located throughout San Diego County. If you are arrested for a DUI you will go to jail and one of two things will happen. Either you will be released when you are sober [approximately 8 hours after arrest] or bail will be set for your release. Bail is money that is given to secure an arrestee's freedom while ensuring they will appear in court on their required date. Bail may be paid in cash or through a bail bondsman. If you do not have the cash to post bail, a bail bondsman can be hired to pay the bail amount.

In California the premium for the bondsman is 10% of the bail fee which will not be returned upon the conclusion of the case. The bail schedule 2008 sets a DUI violation at $2500 for first offense, $10,000 for second, and $15,000 for third.

If it is your first offense then you likely will be released the following day on your own recognizance, but will still have to appear for your day in court or risk penalties. However, if you have a warrant or other charges on your record then bail may be set and to be released you will have to pay the bail amount. Reasons for setting bail include prior DUI arrests or drunk driving citations, an accident occurred, the driver is under 21 years of age and a minor passenger was in the car. If the bail is not paid then the arrestee will remain in jail until their first appearance in court in which bail may be reduced upon considerations by the court. (Cal. Penal Code §1275) and if bail can never be paid they will remain there until the closing of their case. However, if bail is paid at the jail, a print out of their court appearance time and date will be given upon release. Failure to appear will result in the forfeiture of the bail amount. (Cal. Penal Code §1305). If all court appearances are attended the bail will be automatically refunded after your last court appearance and it will take 60-90 days to receive. If you do not receive it after this time, or you have questions about the status of your refund you can contact the San Diego Superior Court Accounting Department by mail or phone with your receipt number, the defendant's name, the date the bail was ordered returned, and the case number.



In Vista, if you post bail after 10:30 pm, you don't get released until 7 a.m. Finally, before bail may be set in any amount, other than that established in the schedule for specified serious or violent felonies, a hearing must be held in open court. At this hearing, which requires two days written notice, both the prosecutors and defense lawyers have the opportunity to be heard. The standard is "clear and convincing" evidence. In other words there must be a finding of high probability and the evidence must be clear as to leave no substantial doubt.