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Denver Criminal Lawyer Explains Bail For DUI Charges


October 10, 2018

When you think about setting bail, the first thing that comes to mind is likely facing a tough criminal charge. After all, unless you’re facing charges for something extreme like robbery or assault, a bail amount probably won’t be set, right? The truth is, it all depends on the severity of your DUI, the way you responded during the arrest, and whether or not anyone else was injured while you were under the influence. Though an experienced Denver criminal defense attorney will be able to help you present your case, it’s up to you to understand and navigate the bail process. 

Bail Can be Set for DUI Charges

Though bail is far more common for criminal charges like robbery or assault, they can be set for DUI cases. However, in order for a judge to set bail, the charges against you must be severe enough that you’re not released pending trial. Remember, posting bail is meant to help you get out of jail until the court can hear your case. If you’re not being held prior to your trial, there’s no need for the judge to set bail in the first place.

What Circumstances Would Result in Bail Being Set?

For first-time offenders where the arrest went smoothly and no one was injured, bail not even need to be set. Often, the court system accepts what’s called a personal recognizance bond which allows you to promise the justice system that you’ll appear in court on time. These are accepted in lieu of money.

However, for individuals with an extensive criminal record, repeat DUI offenders, or drivers that injured or killed another person while behind the wheel, bail will likely be set anywhere between $500 and $50,000. The more criminal activity you have on your record, the higher the amount will be. Similarly, if driving under the influence resulted in injury to another party or extensive property damage, the court will likely set a high bail amount if the judge decides to set bail at all.

Bail is Not a Legal Right

It’s entirely up to the court to decide if the charges against you warrant setting bail in the first place. If the judge determines that you’re a flight risk or that the DUI was so severe that you represent a danger to the community, they’re free to hold you in jail until your appointed court date. Keep in mind that you are legally entitled to an attorney and the court cannot bar them from meeting with you to discuss the charges you’re facing. If you’re refused bail, your defense attorney will be able to visit with you in jail to go over the case and help you prepare your statement. 

Whether you post bail or wait for your court date in jail, it’s important to have a good attorney to represent your case. Contact The Law Office of John L. Buckley, P.C. and schedule a free consultation with our legal team. We’ll give you the undivided attention you deserve, whether it’s your first offense or your fifth. Call (303) 501-1800 to schedule an appointment.