Undoubtedly, a lot of panic and confusion come with every arrest on suspicion that you were driving under the influence, regardless of whether you are a first-time or repeat offender. If you are a first-time offender, you will likely panic more since you do not understand what to expect or how your case could turn out.

Understanding what to do after an arrest for a DUI (driving under the influence) offense is vital in strategizing your next step to avoid or reduce the severe consequences of a conviction. Although the police are not your friends when you run afoul of the law, they are considerate if you are courteous.

When you cooperate with the officers after a DUI arrest, there is a high chance they will release you on bail or with a citation to appear in court later. However, you must pass through a formal and crucial procedure known as booking before securing your release, pending your case's judgment.

At Koenig Law Office, we are available 24/7 to make this process seamless and increase your odds of obtaining a desirable outcome. Our profound DUI attorneys have significant experience representing clients with DUI cases in Bakersfield, and we can offer you legal representation at every step of the court process for the best possible outcome.

What to Anticipate During Booking Procedure After a DUI Arrest

Once you arrive at the police station after an arrest on suspicion that you were driving under the influence, you will go through an administrative procedure known as booking or processing, where the officer in charge will:

  • Record your personal details, including your legal name, date and year of birth, and physical characteristics.
  • Record the allegations you are up against.
  • Check whether you have a criminal record or are on probation.
  • Take your mugshot and fingerprint.
  • Confiscate any illegal goods and contraband that you have.
  • Take your personal belongings, including shoes, belts, necklaces and watches.
  • Place you in the detention hall, pending your release on bail.

The booking process could take two to eight hours or more, depending on the following factors:

  • The number of arrestees waiting for the service.
  • Your cooperation with the officers.

After this procedure, the officer could require you to give your blood or urine samples for another chemical test to determine your blood alcohol concentration (BAC) and intoxication level. However, the officer must inform you about your constitutional rights before the test and the possible repercussions of refusing or declining to take these tests.

According to implied consent laws, every driver must consent to take chemical tests after an arrest. Refusing to undergo these tests could attract severe punishment, and the prosecution team could use that against you at trial to secure a stiff sentence for your DUI conviction.

However, if the police officer fails to inform you about the repercussions of refusing the test, your attorney can use that to challenge the possible punishment in court. Generally speaking, the police will let you go within 24 hours after an arrest unless your DUI arrest occurred on a public holiday or weekend.

In that situation, securing your freedom on bail could take no more than seventy-two hours. If you are a first-time offender, the arresting officers could release you after signing a citation or agreement to appear in court later to challenge the alleged charge. That means posting the often unaffordable bail will be unnecessary.

Bail is the sum of money the arresting officers or the court requires a defendant or arrestee to pay to secure his/her freedom as his/her case progresses through various stages of the legal justice system. Unlike a fine you would expect after a conviction, bail is not a punishment for your DUI offense. The purpose of posting bail is to protect your innocence before the court makes a verdict on your case.

A skilled and experienced attorney can help you with the bail application process and increase your chances of obtaining a pretrial release on bail or bond.

DUI Booking and Processing at a Later Date

In certain situations, the police could find it challenging or impossible to arrest you and book you in jail as a suspect in a DUI case. For instance, if an accident or collision occurred that left you with serious injuries that require immediate medical attention, the officer will have no choice but to postpone your arraignment.

Upon discharge or release from the clinic, you will receive a letter informing you of your case's arraignment date. The same will apply to DUI culprits who are under investigation on suspicion that they are suspects in a hit-and-run case.

In these situations, the prosecutor presiding over your case will require you to go through the booking procedure as a condition or requirement for a release on your Own Recognizance (O.R.) release. If you are eligible for O.R. release, the arresting officers will let you go free without posting bail, but you must sign an agreement to show up in court on the scheduled future dates.

Since the papers you will receive from the court are valid for only two (2) weeks, you should adhere to the officer's requests during the booking process to avoid making your DUI case more complex. If the booking process does not occur within one (1) week, the judge will consider it a violation of the required conditions for an O.R. release.

In that situation, the court could give the police an arrest warrant, authorizing them to arrest you for the critical booking procedure. Your identification (I.D.) name must correctly match the name on the officer's booking sheet or form.

In rare instances, the court could allow you to pass through the booking process after a conviction for a DUI offense. Since the judge could grant the booking as a requirement for probation upon a conviction for a DUI offense, failing to do that would warrant an arrest for probation violation and incarceration for your DUI offense.

What to Keep in Mind During DUI Questioning After a DUI Arrest and Booking Process

After the booking process, the arresting officer could begin questioning you to obtain adequate evidence to secure a DUI conviction against you. Unlike other criminal charges, the procedure for DUI questioning is not time-consuming because the prosecutor will primarily rely on your toxicological or chemical test results to obtain a conviction against you at trial.

However, like any other criminal case, you have the following constitutional rights during the DUI questioning process:

  • Right to remain or stay silent.
  • Right to know that anything you disclose to the officer could and will apply against you in court.
  • Right to retain the services of personal DUI defense attorney.
  • Right to have a public defender represent your best interests if you cannot afford a personal attorney.

The arresting officers must read the Miranda rights listed above to you before commencing the DUI questioning process. If they fail to do so, your DUI defense attorney could use that to your advantage during your case's trial to secure a desirable outcome, including a dismissal of the case or a reduced charge, like wet reckless.

After collecting all the required information, the police will perform a background check to determine whether you have open warrants or past DUI charges. If the background check reveals that you have past DUI charges, more severe charges could apply, meaning you will face harsher penalties upon your subsequent DUI conviction.

Since this information will remain on your file to assist the prosecution team in presenting a strong and weighty DUI case against you, you would want to give the officers the correct information that will not conflict with available records. Providing incorrect or contradicting information could make your underlying DUI offense harsher, resulting in more severe penalties.

If you already have a DUI attorney, he/she will tell you what to expect during the police questioning process and what you should not disclose to them for the best possible outcome in your DUI case.

The Effects of Undergoing a Booking After a DUI Arrest

After the booking procedure, several agencies will receive information or alerts about your DUI arrest. Many agencies, including the Nursing Board, State Bar, and Medical Board, will conduct their independent investigation and take appropriate action against you without waiting for the court verdict on your DUI case.

Some of the possible detrimental repercussions of a DUI you would expect from these agencies upon an arrest and booking for a DUI offense include:

  • Professional license suspension.
  • Professional license revocation.

Since the loss or suspension of your professional license could significantly affect your source of income and career, you would not want to deal with these agencies without an attorney's legal representation. A skilled defense attorney can represent your best interests and argue the DUI case to help you restore your reputation and dignity.

What to Expect During Arraignment and Bail Hearing for Your DUI Case

The arraignment hearing will be your initial court proceeding upon a DUI arrest and passing the booking process. Unless the court requires your presence during the arraignment, your defense attorney can attend the hearing and represent your best interests. During this hearing, you will learn about your constitutional rights and the charges you are facing.

Once the court ascertains that you are aware of your legal rights, the judge will give you a chance to enter a plea of your choice, including:

  • A “guilty” plea.
  • A “not guilty” plea.
  • A “no contest” plea.

Once you enter a plea of your choice, the court will determine whether to put you in the detention facility or release you on bail as your case progresses through different phases of the criminal justice system. If you are a first-time offender or did not cause an accident, there is a high chance that the court will give you an O.R. release, pending your case's outcome.

Generally speaking, the court is keen not to hold first-time offenders and defendants with non-serious DUI cases in custody because DUIs are several and most detention facilities are overpopulated. Another reason the court could give you an O.R. release is because holding several defendants in custody, pending their case's judgment, is also costly.

Factors the Court Will Consider When Determining Your Eligibility for a Release on Bail

If you are not an excellent candidate for an O.R. release, you must post bail to secure your freedom, pending your case's outcome. Unfortunately, not every arrestee qualifies for a release on bail upon a DUI arrest. On determining your bail amount and eligibility for a release on bail, the court will consider several factors, including:

  1. Your Contribution to the Community

If you are an active community member, meaning you often participate in community-related events, like fundraising, you could qualify to obtain your freedom on bail. Also, if you have businesses in your community, there is a high chance the court could allow you to obtain your freedom on bail.

  1. Your Family Ties

People with family ties are likely to qualify for a release on bail because the court expects they will remain with their family pending the outcome of their DUI case.

  1. Whether You are a Flight Risk

If you are a non-citizen, the court could believe you will likely flee the country after obtaining your freedom on bail. In that situation, the court could require you to hand over your passport to limit your movement and ensure your availability during the upcoming court hearings.

  1. Whether You Are a Danger to the Public

If the judge finds that you do not pose any danger to the community or the general public, he/she could allow you to post bail and obtain your freedom as your DUI case continues. However, if the judge finds that you could compromise public safety after your release, he/she could require you to pay a high bail amount or hold you in custody without bail.

  1. The Nature of Your DUI Offense

If your DUI offense is non-serious or you did not cause an accident, you could be an excellent candidate for a release on bail to await your case outcome at home.

  1. Your Prior Record of Showing Up in Court After Posting Bail

When the judge finds out you have a record of not appearing in court after posting bail, he/she could decide to hold you in custody without bail.

While the above factors will play a vital role in determining your eligibility for a release on bail, your attorney's mitigating arguments during the bail hearing could increase your chances of securing a pretrial release on bail.

How to Post Your Bail After a DUI Arrest

Once the court sets your bail, you or your friends can help you pay it using cash or equivalent property. Since the court expects you to pay your bail in full without any balance, it could be challenging to afford the money on short notice because DUI arrests are usually unexpected.

However, that does not mean staying behind bars while waiting for your case's judgment is an option. With the help of your defense attorney, you can obtain a release from jail using the services of a bail bondsman.

A bondsman can post a bail bond that allows you to secure your freedom, pending your case’s outcome, without using your money or property as security for your release. A bail bond is an agreement between the court and the bondsman to pay your total bail price when you fail to appear in the scheduled court hearings to challenge the allegations you are up against.

Since the amount the bondsman will have at stake for your freedom is significant, the bondsman will require you to pay a premium, typically 10% of your bail amount. That means if the court requires you to pay a $5,000 bail amount, you will pay the bondsman a fee of $500 for the quick and much-needed bail bond services.

On top of that fee, the bondsman could also require you to hand over collateral as security for your release. The bondsman could accept any of the following as collateral for your release:

  • A car.
  • A boat.
  • Real estate.
  • Bitcoin.
  • Precious metals.
  • Stock.
  • Jewelry.
  • Credit cards.

When you comply with all the requirements of your release on bond, particularly attending your court hearing dates, the court will exonerate your bail. That means the bondsman will no longer have a reason to hold your property or assets as collateral for your freedom.

Conditions the Court Will Require to Comply With After Obtaining Your Release on Bail

The court could allow you to secure your freedom on bail or bond after a DUI arrest. However, you must comply with the court-set terms and conditions for your pretrial release on bail. Some of the conditions include (but are not limited to) the following:

  • Return to court to challenge the DUI allegations you are up against.
  • Remain within a specific territorial jurisdiction.
  • Abstain from drugs and alcohol.
  • Notify the court-appointed probation officer about any changes in your employment or address.
  • Agree to wear an electronic monitoring device.
  • Agree to surrender your passport.
  • Agree to random check-ups with your court-appointed probation officer.

If you violate any of these conditions, the court will give the police an arrest warrant, authorizing them to arrest and detain you.

Find a Bakersfield DUI Defense Attorney Near Me

If you are under arrest on suspicion that you are a suspect in a DUI case in Bakersfield, dependable attorneys at Koenig Law Office can help you. We will be with you through every stage of the legal justice system, including the DUI booking and bail procedure, to ensure you are out of police custody as soon as possible.

We invite you to call us at 661-793-7222 and let our seasoned defense attorneys handle your DUI case for the best possible outcome.