My [spouse, child, family member, friend, significant other person] was arrested for drunk driving. How do I get them out of jail?
drunk driving arrests
One of the most pressing concerns for a person arrested for drunk driving is getting out of jail as quickly as possible. Operating while intoxicated charges happen to people from all walks of life and most people arrested for drunk driving have minimal if any criminal history. That being the case, they are not accustomed to spending even a minute in a jail cell so getting out of jail following an arrest is paramount. Unfortunately some counties and law enforcement agencies will not release an arrestee even when being bonded out unless they can first provide a breath sample below .08. In those situations, the arrestee must sit in jail and wait until the next morning. Likewise, those same agencies will not take an arrestee to court in the morning to see a judge unless they are no longer over .08.
The quickest way to get out of jail following an arrest is to post a bond. There are two types of bonds, cash only and surety. Most drunk driving charges are a surety bond wherein the arrested individual is ordinarily only required to post 10 % of the total bond with a bondsman whereas in a cash only bond, the bondsman usually requires 20 %. When going through a bondsman, the bondsman keeps the 10 or 20% that is paid to him and writes a bond for the remaining portion of the bond which makes him responsible for that amount if the defendant fails to appear at any future court dates. There are also situations where the arrestee can have someone post the entire bond directly with the clerk of court, and in those situations, the entire bond is returned to whomever posted it after the case is completed and the defendant has appeared at all court dates.
Another way to get out of jail is to wait overnight and see a judge in the morning. Upon seeing the judge, the judge can set conditions for the release of the arrested person as the judge sees fit. On a first or second offense operating while intoxicated charge it is not unusual for the judge to release the person on their own recognizance, meaning they are not required to post a bond. Oftentimes judges will also require, as a condition of release that the individual obtain a substance abuse evaluation and follow through with any recommended treatment.
Finally, in more severe cases, the court can also release the individual through pretrial release or release with services. In essence, this type of release places the individual on a sort of probation that is monitored by a pretrial release officer and if the individual does not strictly comply with the terms and conditions of the release with services, their bond is revoked and they are required to sit in jail until resolution of the charges.
owi-dui.com can help
OWI-DUI.com represents Iowa's Best Drunk Driving Defense Attorneys. If you (or someone you care about) has been arrested for drunk driving, please contact one of these attorneys as soon as possible. Time is truly of the essence in an Owi charge, and action must be taken quickly to avoid certain very problematic results that will occur otherwise such as the loss of a driver's license.