What Happens During The Booking Process In A DUI Arrest?
The police are going to fingerprint you, of course. They are going to explain the charge to you. They are going to set, most likely, a bond on you and tell you what that is. They may or may not let you know how you can make bond or call someone. They’re going to give you an opportunity to talk to a lawyer if you wish. If you’re very much intoxicated, if there’s a medical issue, they’re going to try to take care of that for you. If you need to go to the hospital they’re going to try to do the best they can to ensure your safety. They’re going to read your rights when they arrest you. Most likely take a photo of you.
Then they’ll just fill out something called a UAR, Uniform Arrest Report, which basically has all the information about you as a person, age, height, weight. All that, and the arrest date and time, and the charges, and that’s ultimately going to be the stuff that goes to court. You won’t see a judge. You will be given a court date.
Usually bonds on DWIs are not set very high so they’re usually makeable bonds. When the person makes bond the officers usually give them 2 weeks to appear in court, and that’s when they’re going to go and see a judge. If you were injured severely in a DWI, and you had to be sent to the hospital where you are going to have to be hospitalized for more than 48 hours, then a judge could come to the hospital and do your arraignment there. Otherwise, you won’t see a judge until you go to court.
Are DWI Cases Bailable or Will People be Released on their Own Recognizance?
It depends of the seriousness of the case. The officers will look into whether or not you have a history of this, will take a look if there’s any type of criminal record, if there was an accident or not, that’s going to weigh heavily into it. If it was an accident and you took off from the scene and you’re drinking, that’s going to weigh heavily as well. It’s a case by case, or arrest by arrest basis. Most DWIs in my professional opinion are ones where bonds have been put on them. The average bail amount for a DUI charge is anywhere between the neighborhood of $500 to $5,000.
In what Situation Would Someone be Denied Bail for a DWI?
If they killed someone during the DWI. Fortunately these are remote situations. If someone had 6 convictions for DWI in the past, I could see a judge maybe not setting a bond on that, but short of that they probably have to kill someone during the DWI to have no bail set.
When Does a Person Have to First Appear in Court After Being Charged with a DWI?
First if they make bond they’re usually have to appear within 2 weeks. If they don’t make bond then they’re going to have to deal within 48 hours.
What Usually Happens on the First Court Date?
What happens on the first court date, if they’re not locked up then they will go to court wait in line with everyone else, unless they have an attorney and they come with an attorney, and they will get a chance to talk to the prosecutor about the case and just what’s going on and what the way the prosecutor is going. Usually they won’t enter any type of plea on the first court day unless they enter a not guilty plea which most people do to protect their rights and to move the case along.
If they’re locked up and they weren’t able to make a bond then their first appearance in court would be in front of a judge, and it would be to decide whether or not the bail should be lowered, kept the same as it is, or raised. In that court day or that arraignment, the person has the opportunity to have a lawyer there for them or talk to a public defender, and then either they’re released or a bond is lowered to something that they can make, or it’s kept the same and they stay until their next court date.
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