When someone is stopped and detained for DUI, they may ultimately be arrested if the officers have probable cause to believe they were driving under the influence, at which time the officers will handcuff and arrest the person and put them in the police car. Often, police will impound the car or they may park the car in a safe location if possible. The person is then typically taken to the local police station, where they go through the booking process, which can be a very time-consuming process, possibly a couple hours or even longer, depending on the size of the facility and how busy they are.
In Los Angeles, if someone is booked at the large Sheriff’s Detention Center downtown, the booking process can easily take up to 14 hours and the process to release them can take just as long; whereas, at a smaller police station like Beverly Hills, it may take only a couple of hours. During the booking process, a person is typically searched and their personal possessions (wallet, keys, glasses, anything like that) are taken from them, and they may be changed from their regular civilian street clothes into a jumpsuit.
They will then go through a thorough background check; their fingerprints will be taken; and that, as well as their name, date of birth, social security number and everything else will be run through local, state and federal databases to determine if the person has any warrants out for their arrest, if charges are pending against them, or if they are on probation or parole. After that, they are typically photographed, given a booking number and on a DUI, they will typically be put in a cell to sober up for a few hours or even a day, depending on their blood alcohol level. Typically, if the person is being held for a longer period of time, at some point they will be given an opportunity to make phone calls, although this doesn’t always happen because people are usually released before too long.
The person who goes through the booking process may see several different officers, booking officers, sergeants, and medical personnel to be cleared or receive any medical treatment. If they will be in custody for a while, they may be given the opportunity to contact an attorney or a bail bondsman. The entire process is very traumatic and time-consuming. People don’t always get the phone calls they should, but hopefully, that means they are going to be getting out of custody before too long.
Setting Bail
There are a couple of different ways bail is set in Los Angeles; there are certain presumptions or guideline amounts in Los Angeles for bail on a first time DUI and higher amounts, of course, if it’s a second, third or fourth DUI. Given the overcrowding at Los Angeles jails, typically if someone is arrested on a first or second DUI, they won’t be required to post bail because there is just no room; most will be released within 12 hours on their own recognizance; they may be required to sign a promise to appear and receive a notice of a court date, but that’s all.
They may wish to post bail to get out a little more quickly, but in Los Angeles, it’s usually not advisable to do that on a first or second DUI. Sometimes, on a fourth time DUI charge, when there is a felony and the guideline bail amount is $100,000, the police won’t release someone on their own recognizance; they will require the assistance of an attorney and/or a bail bondsman to get out.
Are There Any Typical Release Conditions With Getting Out on Your Own Recognizance?
If someone is released on their own recognizance, normally the police will just have them sign a promise to appear and there are no other conditions. If they are out on bail, the condition is that they violate no laws. But when they get to court, often a judge at the first court appearance (called the arraignment) may impose certain conditions on that person’s release; for example, they may require them to attend AA meetings or not drink any alcohol or stay out of bars.
In Los Angeles, particularly on high blood alcohol level cases, a judge may order a person to do one, two or three AA or 12-step meetings per week as a condition of their continued release. Sometimes a judge may require them to post an actual bail amount, maybe $50,000, or the judge may remand the person back into custody. Depending on the case and depending on the bench officer, the judge or the commissioner, it can get scary pretty quickly.
For more information on Arrest, Jail & Release Process for DUI, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (310) 424-3145 today.
Personal Attention
