person is arrested for DUI in California and the DUI did NOT involve injury to
anyone other than the arrested driver, the driver may be released from jail on
his or her own recognizance. The law does not require that bail be set. Penal
code section 853.6 specifically provides for an O.R. release in the case of a
DUI. However, any Orange County DUI defense lawyer will tell you that just because a
DUI defendant can be released on their own recognizance doesn’t mean that they
will be.
If a court makes
a determination that an O.R. release will compromise public safety or will not
reasonably assure defendant’s appearance, then the court will set bail in the
case. It is up to the defendant’s Orange County DUI defense attorney to convince the judge that the
defendant is neither a flight risk nor a danger to the community. Where a court
makes such a finding the typical bail is around ten thousand dollars. This
means that the defendant can put up the money, if they have it, or they can
hire a bail bondsman to put it up for them. A bondsman will typically charge
around ten percent of the bail to put it up. So, if the bail is set at ten
thousand dollars, the defendant will have to pay the bondsman one thousand
dollars to put up the ten. When the case is over the bondsman gets the ten
thousand back but the defendant gets nothing.
a determination that an O.R. release will compromise public safety or will not
reasonably assure defendant’s appearance, then the court will set bail in the
case. It is up to the defendant’s Orange County DUI defense attorney to convince the judge that the
defendant is neither a flight risk nor a danger to the community. Where a court
makes such a finding the typical bail is around ten thousand dollars. This
means that the defendant can put up the money, if they have it, or they can
hire a bail bondsman to put it up for them. A bondsman will typically charge
around ten percent of the bail to put it up. So, if the bail is set at ten
thousand dollars, the defendant will have to pay the bondsman one thousand
dollars to put up the ten. When the case is over the bondsman gets the ten
thousand back but the defendant gets nothing.
In the case
of In Re York (1995) 9 Cal.4th
1133, the California Supreme Court held that a trial court has broad discretion
to condition an O.R. release on “reasonable conditions related to the furtherance
of public safety.” So, for example, many Orange County judges will allow a DUI
defendant to remain out of custody as long as they attend an AA meeting every
day or perhaps every other day. If the defendant has prior DUIs and is now
facing a second-offense or third-offense DUI it can be very difficult to get an
O.R. release. One tool that is very helpful for DUI lawyers in Orange County is
the use of an ankle bracelet that alerts a call center if the defendant has any
alcohol in their system. This technology, known as Secure Continuous Remote
Alcohol Monitoring or SCRAM, monitors the defendant 24-hours a day and, through
periodic testing of the defendant’s perspiration, tests for alcohol. If alcohol
is detected this is transmitted to a control center who reports it to the
court. A DUI attorney representing a client on a second or third offense DUI may
need to have their client wear the SCRAM in order to convince a judge to let their
client remain out of custody during their DUI case.
of In Re York (1995) 9 Cal.4th
1133, the California Supreme Court held that a trial court has broad discretion
to condition an O.R. release on “reasonable conditions related to the furtherance
of public safety.” So, for example, many Orange County judges will allow a DUI
defendant to remain out of custody as long as they attend an AA meeting every
day or perhaps every other day. If the defendant has prior DUIs and is now
facing a second-offense or third-offense DUI it can be very difficult to get an
O.R. release. One tool that is very helpful for DUI lawyers in Orange County is
the use of an ankle bracelet that alerts a call center if the defendant has any
alcohol in their system. This technology, known as Secure Continuous Remote
Alcohol Monitoring or SCRAM, monitors the defendant 24-hours a day and, through
periodic testing of the defendant’s perspiration, tests for alcohol. If alcohol
is detected this is transmitted to a control center who reports it to the
court. A DUI attorney representing a client on a second or third offense DUI may
need to have their client wear the SCRAM in order to convince a judge to let their
client remain out of custody during their DUI case.
The
conditions that a judge sets in order for a DUI defendant to remain out of
custody on an O.R. release are not limitless. They must be reasonably related
to public safety or assuring that defendant show up. For example, the U.S.
Ninth Circuit held in U.S. v. Scott
(2005) 424 F.3d 888, that a judge cannot put a search and seizure condition on
an or release in a DUI case. A search and seizure condition means that the
police can search the defendant, the defendant’s home or the defendant’s
automobile at any time of day or night without a warrant and without the
defendant’s criminal defense attorney present. The Ninth Circuit struck this
condition down as improper since it did not protect public safety.
conditions that a judge sets in order for a DUI defendant to remain out of
custody on an O.R. release are not limitless. They must be reasonably related
to public safety or assuring that defendant show up. For example, the U.S.
Ninth Circuit held in U.S. v. Scott
(2005) 424 F.3d 888, that a judge cannot put a search and seizure condition on
an or release in a DUI case. A search and seizure condition means that the
police can search the defendant, the defendant’s home or the defendant’s
automobile at any time of day or night without a warrant and without the
defendant’s criminal defense attorney present. The Ninth Circuit struck this
condition down as improper since it did not protect public safety.
If you’ve
been arrested for DUI call The Law Offices Of EJ Stopyro at (949) 559-5500
today for a free and confidential consultation with an experienced DUI defense
attorney. You can also visit our website at www.ejesquire.com.
We have offices at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA
92627.
been arrested for DUI call The Law Offices Of EJ Stopyro at (949) 559-5500
today for a free and confidential consultation with an experienced DUI defense
attorney. You can also visit our website at www.ejesquire.com.
We have offices at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA
92627.
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