Orange County DUI Attorney: O.R. Release

Any Orange County DUI Attorney will tell you that when a driver is arrested for DUI where nobody was injured, the law allows for that driver to be released from custody on their "own recognizance" ("O.R."). That is, the driver can be released from jail while their case is being litigated without posting bail. Penal Code section 853.6 specifically provides for an O.R. release in the case of a DUI arrest. However, an Orange County DUI attorney will also tell you that just because the law says a driver can be given an O.R. release doesn't mean that they will be. In fact, in Orange County, a driver with a prior DUI is almost never released on their own recognizance.



The first opportunity for an O.R. release happens at the jail where the arrestee's Orange County DUI attorney cannot intervene. The jail officer will review the arrestee's record to see if the arrestee has any prior DUIs within the past ten years. If not, the arrestee is usually released on their own recognizance. If the arrestee has a prior DUI, bail will usually be required. The amount of bail will depend on how many prior DUIs the arrestee has. Usually, if the driver has only one prior DUI within the past ten years, bail will be set at ten thousand dollars ($10,000.00). This must be posted until the case has been litigated by the driver's Orange County DUI attorney. Once the case is over, the bail is returned to whoever posted it. The arrestee can either deposit this amount with the court or hire a bail bondsman to post it. A bail bondsman typically charges ten percent of the bail amount, which the arrestee does NOT get back.



Bail is next reviewed at the first court appearance, called the arraignment. At the arraignment, the court checks to see if bail has been posted and whether it is sufficient. If the defendant was released O.R., their Orange County DUI attorney will try to persuade the judge to let the defendant remain out of custody on an O.R. release. The judge has broad discretion and can increase bail, reduce bail, or allow it to remain unchanged. If the judge feels that an O.R. release is insufficient to protect public safety or ensure that defendant will show up in court, the judge will impose bail. Thus, it is up to the defendant's Orange County DUI attorney to persuade the judge that the defendant will not be a danger to the public and will not be a "flight risk".



Usually, if the judge is leaning toward imposing bail, the defendant's Orange County DUI attorney will suggest that the judge allow the O.R. release to continue but that the judge impose "bail conditions" that will ensure public safety. These "conditions" include attending AA meetings, not driving with any alcohol in their system, and even abstaining from alcohol. In In Re York (1995) 9 Cal.4th 1133, the California Supreme Court ruled that when it comes to an O.R. release, a judge has broad discretion to impose reasonable conditions related to the furtherance of public safety. However, there are limits to the bail conditions a judge can set and your Orange Count DUI attorney should challenge unfair or overly burdensome conditions. The federal court held that theses conditions must be reasonably related to public safety and making sure the defendant shows up. (U.S. v. Scott (2005) 424 F.3d 888.) In that case, the court struck down a DUI release condition that the defendant be subject to search at any time of the day or night. The court held that such a release condition does not protect public safety in a DUI case.



If you would like to speak with an experienced Orange County DUI attorney call The Law Offices of EJ Stopyro today at (949) 559-5500. We offer a free and confidential consultation.