Being arrested for a crime in Florida does not automatically mean you’ll be behind bars for an extended period of time. You can secure your release from jail with most offenses by entering a bail agreement. This agreement is a contract in which the court releases you until trial after you pay the court a certain amount of money and agree to a few conditions. If you follow the terms, which include showing up to court as scheduled, the court will return the money after the trial.
Setting bail is mostly a win-win for the state’s criminal justice system and the accused: It prevents further overcrowding in prisons, provides the defendant with freedom before the trial, and, in most cases, guarantees the accused's appearance in court.
If you’ve been arrested for driving under the influence (DUI), you’re facing serious penalties. A first conviction carries a jail sentence of up to six months and a fine of up to $1,600.Â
A second conviction can lead to a 12-month jail sentence and up to a $3,000 fine. The fines will substantially increase if a minor child is in the vehicle. A DUI can also mean a license suspension or revocation and the impoundment of your vehicle.
Bail can be posted for a range of charges, not just DUIs. Here are a few others:
In most cases, individuals arrested for DUIs will have the opportunity to post bail.
How much is bail for a DUI? The first-time DUI offender can anticipate bail to range from $150 to $5,000. The amount you pay will be influenced by many factors discussed below. If you go through a bondsman, your out-of-pocket cost for a $500 to $1,000 bond will run from $50 to $100, or 10% of the amount set by the court.
If you’re looking at a second offense, bail could be as much as $7,500 (or $750 to a bondsman). A third offense may result in a bail sum as high as $15,000 or $1,000 to the bondsman. The presiding judge has essentially unlimited discretion to set a bond he or she deems appropriate based on the facts of the case.
The law instructs the court on which factors to consider when determining whether to release an arrested individual on bond. As provided in Florida Statute 903.046, they include:
A first-time DUI offender, for example, may receive less harsh bail terms if they have no criminal record and are an established community member, in contrast with an individual previously convicted of a DUI that involved a crash resulting in injury or death of another.
You will appear in court for a bail hearing within 24 to 48 hours after your DUI arrest. During this brief proceeding, your eligibility for bail will be determined. If eligible, the judge will decide on the amount and conditions of your release. Having an attorney present at the hearing can help ensure the bail amount is not exceedingly high.
The bail hearing process includes the following:
You can secure your release if you can afford to pay the bail amount with cash or through a bail bondsman. If bail is set too high or was not offered, or if the terms are unreasonable, your attorney can request an emergency hearing to modify the amount.
As long as the hearing goes smoothly, you may be released a couple of hours after posting bail. However, in some instances, there may be a delay in release. For example, the court may use a Nebbia Hold to verify that your money did not come from illegal activities.Â
However, depending on the amount of alcohol detected with the blood alcohol concentration (BAC) test, they may hold you for a mandatory eight hours.
Courts set bail amounts to ensure the accused appears in court. However, the terms are often unreasonable. A criminal defense attorney can attempt to modify the amount or other conditions through an emergency bond reduction motion.
At the emergency hearing, both your attorney and the prosecutor may present evidence to the judge regarding the reasonableness of the bond.
A bail bond may require other conditions determined by the judge in addition to agreeing to appear in court. These conditions may include drug testing and travel restrictions. A violation of any condition could result in forfeiting the bond and an arrest warrant.
When a condition is violated, it may not be a panic situation. With a DUI attorney on your team, a court might be persuaded to offer another chance. However, if a second chance cannot be worked out with the court, you could also forfeit collateral used to secure the bond with the bail bondsman.
Typically, bail for a DUI arrest can be covered with one of three options: cash bail, bail bond, or property bond. With a cash bail, the defendant or a family member pays the full bail using cash. The cash is refunded as long as the accused shows up to court as required.
The bail bond is a common method for paying higher bail amounts. If bail is in the thousands of dollars, which many don’t have on hand, they will look to a bail bondsman — and there are more than 300 bail bond providers in Florida.Â
The bail bondsman charges the defendant a non-refundable fee, generally 10% of the entire bail amount, and they will pay the full bail to the court. This type of bond is a surety bond.
A property bond, which can also be arranged with a bondsman, guarantees the total bond by the equity of real estate property, a vehicle, or other asset. If the defendant does not show up for the trial, the property is forfeited to the court.
There is a second option for release after a DUI arrest, which does not require posting bond. It’s the release on own recognizance (ROR). If you’re discharged on ROR, you typically need only sign a document agreeing to appear in court at all of the scheduled dates and times.Â
The judge will use the same factors to determine your eligibility for ROR as they would for bail. Being released on ROR may come with conditions similar to those of a bail release, such as a curfew, substance abuse testing, and electronic monitoring.
If you don’t have the cash or collateral to post bond and don’t qualify for ROR, you will have to stay in jail until your trial. More than 7 million Americans enter the prison system each year, and more than 60% are there because they cannot afford to post the required bail.
When Can I Post Bail?
In many counties in Florida, bail can be posted seven days a week, 24 hours a day. But you may not be released for at least eight hours, depending on the amount of alcohol in your system.
What Information Do I Need to Provide to a Bondsman?
A bondsman will need your personal information, including your name, date of birth, and address, along with information regarding your employer, the charges, and the bail amount.Â
Perhaps the most vital details must be provided related to the arrest, including the charges and the name of the jail. A bondsman must be able to locate you in the system.
What if I Don’t Have the Cash to Pay the Bail Bondsman Fee?
Some bail bondsmen will work with their clients through payment arrangements or alternative financing options.
What Collateral Will a Bail Bondsman Accept?
The most common forms of collateral are real estate, car titles, stocks, assignable 401k, art, jewelry, machinery, and cash.
Can a Bail Bondsman Impose Restrictions on Me?
Yes, they can. They may require that you stay in the local area and regularly report your whereabouts and any updates.
What Is an Unsecured Bail Bond?
An unsecured bail bond allows your release from jail without posting money. Like ROR, you will sign a contract agreeing to attend your trial as scheduled. Failure to appear in court could result in posting the entire bail amount.
Can I Pay a Bond With a Credit Card?
Some courts may allow you to use a credit card, though others may only accept cash or another form of payment.
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