DUI Jail Release: What You Should Know
Mostly for civil liability purposes, almost all Loudoun County area law enforcement agencies have mandatory DUI arrest policies. If an officer has probable cause to believe a driver is DUI, lets the driver go, and that driver causes a crash, the city could be liable for civil damages. Therefore, most Northern Virginia jails are full of DUI suspects. In standalone first DUI cases, jail release is often straightforward. In other cases, DUI jail release is often complex.
For a Leesburg criminal defense lawyer, jail release may be the most critical stage in a criminal defense. When defendants remain in jail, the presumption of innocence basically becomes a presumption of guilt. Since the time frame is compressed and most defendants understandably want to get out of jail ASAP, they normally accept the prosecutor’s first plea bargain offer, no matter how unfair it is. Jail release allows a Leesburg criminal defense lawyer to fully explore all intoxication and non-intoxication DUI defenses.
Kinds of Release
If the defendant is charged with non-aggravated first-time DUI, authorities usually don’t include lesser charges, such as the traffic violation which prompted the stop, in charging instruments. Therefore, three kinds of presumptive release are usually available:
- Own Recognizance: OR release is usually available in non violent misdemeanor cases. First-time DUI is a misdemeanor, but it’s a borderline nonviolent case, as far as many authorities are concerned. So, if a Leesburg criminal defense lawyer informally advocates for these defendants, the sheriff often releases them on their own recognizance pending trial.
- Cash Bail: Usually, the presumptive bail amount in first-time, non-aggravated DUI cases is around $750, depending on the facts of the case and the defendant’s overall criminal record. That amount is basically a security deposit. If the defendant pays the entire amount and abides by all conditions, such as appearing at trial and remaining in the county, the sheriff refunds most of the money when the case ends.
- Bail Bond: For many people, $750 might as well be $750 million. A bail bond, which is essentially an insurance policy, is a good option in these cases. If Mike has fire insurance and his house burns down, the insurance company pays for repairs. If Mike skips bail, the bonding company pays the bond forfeiture costs. The insurance company will raise Mike’s rates to pay for these costs, and the bail bond company might hire a bounty hunter to locate the defendant.
Initial jail release is generally unavailable in serious cases or multi-charge cases (e.g. Mike is charged with DUI and possession of cocaine). In these cases, a lawyer advocates for the defendant at a bail reduction hearing. At this hearing, the judge also eases restrictive conditions and otherwise modifies bond, if appropriate.
Conditions of Release
We touched on generic release conditions above. Appearing at trial may be the biggest one. Some courts require defendants to appear at pretrial procedural hearings and some don’t.
DUI bonds also contain offense-specific conditions as well, such as an IID (ignition interlock device) requirement.
Colloquially known as a blow-and-go, an IID is a portable Breathalyzer attached to the vehicle’s ignition. If the driver has a BAC above a certain level, the vehicle won’t start. If the driver refuses to provide rolling samples while the vehicle is running, the vehicle won’t restart after it’s turned off.
Driving restrictions, such as driving for non-essential purposes, are part of the package as well, at least in most cases.
Contact a Diligent Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.
Source:
dmv.virginia.gov/sites/default/files/forms/dmv168.pdf
