Were you arrested for DUI or some other crime and then released without bail?
If you were fortunate enough to avoid posting bail, don’t test your luck by violating your conditions of release.
Conditions of release are set by the judge for two reasons: 1) to ensure the defendant appears for all court dates, and 2) to protect the community. If a judge believes that the defendant will appear for court dates without the threat of forfeiting bail, no bail will be imposed. However, that can change if the person is violating the second basis for conditions of release—community safety.
Five Thousand Reasons Not To Drink
If you have been arrested for DUI and no bail was imposed at your Arraignment, do not violate the standard condition of “do not consume alcohol, marijuana, or any non-prescribed drugs” after you are released. Judges can very angry about violations of court orders! You could quickly find you need to post $5000 or more in bail to remain out of custody. If you have more than one DUI, it is possible that your judge a very high bail.
For example, if you were arrested on May 1st for DUI and your case is pending, you have the standard conditions of release, which includes no consumption of alcohol. If, on August 1st, you are arrested for Trespassing and the report indicates you had consumed alcohol or drugs, you have violated the conditions of release on your DUI pending case so the judge can require that you be taken into custody and bail imposed.
Be aware that some judges not only require ignition interlock devices on vehicles (“blow and go” devices) but also require defendants to wear alcohol-sensing bracelets. These are very sensitive and detect if you are consuming any alcohol. Any violation will be reported to the court and you can be taken into custody.
How Would The Judge Know?
Most people assume the court will never know whether they are violating conditions but it happens regularly. This is particularly true where a person tends to get into trouble with certain acquaintances. Your violations can be “discovered” if law enforcement is responding to an incident with someone you are with. In some smaller counties and cities, an officer may even remember a person who was arrested for DUI in the recent past and know the person can’t consume alcohol so the “odor of intoxicants” during an interaction can cause serious problems. Additionally, any violation detected with the ignition interlock device or ankle monitor will be reported to the court.
You Do Not Just Lose Money
When a defendant violates conditions of release, the person loses credibility. So, if the prosecutor was considering offering a good resolution to the case that required the defendant to complete certain tasks, this option could be off the table. The prosecutor will see that the defendant is not trustworthy and does not take the situation seriously. Therefore, no breaks will be given to a person who violates conditions of release.
Witt Law Group represents people accused of crimes and has been helping thousands of people for twenty years. We believe everyone is entitled to the best defense. We fight for justice and give our clients the best chance at presenting their version of events.
If you need a DUI or Criminal Defense attorney in Kitsap or Thurston counties or the cities in those areas, reach out 7 days a week. We are here to help! (360) 792-1000