After you are arrested for DUI, you will be taken to jail and assigned a bond, otherwise known as bail – money put up to secure your release. If you can afford the bond right away, you can post it and be released. You can either post the entire bond or use a bail bondsman.

If you have the entire amount of the bond, a friend or family member can bring the money to the jail and you will be released. The jail gives the money to the clerk of court, who keeps the money for the entire time your case is pending. If your case is dismissed, the bond is returned to you. If you enter a plea or are found guilty, the clerk will apply the bond to your court costs and fees.

If you do not have the entire bond amount, you may be able to use a bail bondsman. Typically you will pay a bondsman 10% of your bond amount along with some kind of collateral, usually personal property such as jewelry or the title to something you own. After receiving the money and the necessary collateral, the bondsman posts the bond for you so that you can be released.

The bondsman keeps that 10% as a fee – you will not get that money back. The collateral is then returned at the conclusion of your case, regardless of the outcome.

If you cannot afford the bond, you will be brought to first appearances. A first appearance is a hearing held in the jail within 24 hours of your DUI arrest. A judge will inform you of your charges and your rights, and will review the amount of your bond and may adjust it. In some cases (but not often) the judge may release you “ROR”, or released on own recognizance, which means that you are released without posting any money.

If you are not released ROR, and you cannot afford your bond or the money for a bondsman, your attorney will request a bond hearing with the judge. At the bond hearing, your attorney can ask that the bond be lowered to an amount that you or a family member can afford.