DUI Arrest Over The Weekend With No Bail Hold. What You Need To Know!

If you are arrested over the weekend for DUI/DWI and are told there is a no bail hold, it is likely because you have a past DUI or a charge that was originally charged as a DUI and reduced. A charge that was reduced from a DUI will count as a “prior” for purposes of bail and as well as sentencing.

If your loved one was arrested and held without bail for the weekend, the best thing you can do is secure private defense counsel immediately. Public defenders can not get into the case and determine really specific facts that might reduce or avoid bail altogether. Additionally, public defenders can’t guide the family prior to the arraignment because they have not yet been assigned. Over the weekend, a good private defense attorney will have friends or family take certain proactive steps so the conditions of release are less extensive and less costly.

If you are preparing to bail out your loved one, you have two choices. If the new charge is a DUI without any aggravating factors (accident, young passengers, injuries) and the prior charge was also a DUI or reduction from a DUI, the defendant is likely looking at $5000 bail. You can be prepared with $5000 cash at the first hearing or you can secure a bail bond company in advance. 

The bail companies usually keep 10% of the bail as their fee. However, some companies will reduce that fee to 7 or 8% if they know the accused is already represented by a private attorney. This is because the defendant who is represented by a private attorney poses less of risk of bail jumping. 

So, before you secure bail, get your defense attorney hired. The attorney can then let the bail bond company know of the representation and you may save money on the bail fees. With really high bail, the savings could be significant! 

As mentioned above, bail can be significant where there are aggravating factors. For this reason, make sure you hire a private defense attorney prior to the arraignment. There are many occasions when we have had clients facing more than $50,000 in bail and we were able to have bail significantly reduced or waived completely. On many occasions, we have saved clients far more than the cost of our legal fee by not having to post bail. 

Learn more about aggravating factors in DUI cases.

There are certain proactive steps that must done in advance to get the best outcome at arraignment as well as the resolution of the case! This is the reason most experienced criminal defense attorneys answer the phone on the weekend.

There are critical steps that need to happen prior to a Monday morning hearing. Every hour matters! So, don’t feel like you are bothering a defense attorney over the weekend or holiday. Honestly, you make our lives easier the more time we have to prepare before the arraignment. Yes, even a few hours matter! 

If you are speaking to your loved one in jail over the weekend, do NOT ask about the facts of the case! The phone calls are recorded and those statements can be used against the defendant. Only discuss your efforts to hire an attorney for the arraignment. 

While it is tempting to want to know specific facts, do not ask questions and stop your loved one if they start talking about the arrest or incident! We have worked on cases where the prosecution has provided us jail recordings. It wasn’t good. Whenever in police or jail custody, use your right to remain silent! 

If you or a loved one was arrested for DUI, give our attorneys a call. We are here 7 days a week to help. (360) 792-1000

You can find more resources regarding Bail at the bottom of our Resources page. Download a free copy of our E-book.