If a driver is given a DUI, they are taken into police custody and booked into jail. During the booking process, they will provide the police officer with their personal information such as their date of birth and name. The police officer will also write down the physical characteristics of the individual like their eye color, hair color and weight. The police officer will then write a report about the suspect's crime and perform a background check for other convictions or charges.

The suspect will be photographed, searched, and their fingerprints will be taken. Any personal property brought with the individual will be confiscated and returned to the suspect upon release. The driver will be placed into a holding cell and a bail will be set for their release. DUI suspects will be held in the holding cell until they have sobered up. Normally, DUI suspects want to leave the jail as soon as possible and they normally can obtain a pre-arraignment release quickly.

In order to be released from the holding cell, the driver can pay money after their booking, this is called bail. If the suspect posts bail, they must agree to appear in court for all of their scheduled criminal proceedings. The proceedings will include arraignment, preliminary hearing, pre-trial motions, and the DUI trial. Some individuals may not be allowed to post bail at the police station after their booking, the judge will then decide if that person can be released on bail. The bail amount will be determined by the judge. The judge will look at the individual's DUI record and their criminal history. The judge will also look at the seriousness of the DUI and the person's ties to their employment, family, and community.

Since the bail for most people is high, they cannot afford to front the entire amount. Bail bond agencies can help these individuals by charging a fee for posting the bond. The bail bond agency will be responsible for paying the entire bail amount if the person fails to appear as promised. The bail bond agencies normally charge 10 percent or more for each person that needs their bail posted.

Some driver's can be granted an "own recognizance" release which means they do not have to pay money to the court for their release. The individual will sign a contract that states they will appear in court for all of their upcoming proceedings. The driver cannot leave the area while the proceedings are ongoing and they must contact the court periodically to see how their case is going.

The bail money that is posted will be returned to the individual if they appear in court and go to all of their other appearances. If they fail to appear, the money will be forfeited and the state will keep the money. The bail money is set at a reasonable level to help prevent the suspect from fleeing before court. The Eighth Amendment to the U.S. Constitution states that the bail cannot be excessive, it is simply a tactic used to prevent the person from fleeing. The bail is not a punishment for the DUI and it must be returned if the person makes all of their appearances. The bail for a DUI charge will vary. For some people it can be $4,500, for others it can be $750,000. Individuals that are involved in a fatal DUI accident or have been charged with a DUI before normally have a larger bail amount.

After the accused person has posted bail, they must appear in court for their preliminary hearing. The preliminary hearing is held before the initial trail for their DUI charge. The preliminary hearing will give the judge a chance to look over the evidence and decide if there is enough evidence that will require a full trial. If the judge feels they need the assistance of a jury to determine if the defendant is guilty of the DUI, the case will go to a full trial. 

When the accused person is attending their preliminary hearing, they will be given the chance to argue their case. The judge will also listen to arguments from the prosecution and they are able to call witnesses. Physical evidence may also be presented to the judge during the preliminary hearing and both parties have the ability to cross-examine the witnesses and question the evidence.

DUI defendants normally plead guilty and their case never makes it to the preliminary hearing. Lawyers normally strongly encourage their clients to plead guilty to the charges because the evidence against a DUI is strong. Some states will send the defendant to the preliminary hearing and a lawyer will be needed to argue the case of the defendant.

If an individual fails to appear in court, a warrant will be issued for their arrest. If the person used a bail bondsman to post their bail, the company can legally track down this person and return them to the police station. Depending upon the severity of the charges against the defendant, the court may allow the individual 60 days to pay their fees and their case will enter a default judgment.

Bail can be paid by cash or check. In some states, bail can be posted by other equivalent items like property. Several people will contact a bail bondsman to help pay their bail. The bond is a written document guaranteeing that the full bail amount will be paid if the accused person fails to meet their court date or other things assigned by the judge.

Individuals that choose a bail bond will sign a document stating they will appear in court when they case is set for trial. The accused person will pay the bail bondman a certain amount each month and the court will automatically keep all the money if the accused person misses court. A bail bondsman will charge around 10% to bail the individual out of jail.

A judge will be responsible for setting the bail and it may take up to 5 days to arrange a meeting with the judge. All states try to get the accused person a meeting with the judge within 48 hours of their booking. Normally DUI's will fall under a common crime status and jails will have a set bail amount for the individuals charged with a DUI.

If the accused person cannot afford to pay the bail set by the jail or the judge, they can appeal to the judge to lower the bail amount. Some states have bail-setting hearing that allows the accused person to speak with the judge about their case. If the individual is sent to their first court appearance or arraignment, they can speak with the judge at that time and ask them to lower the bail amount.

The police officer will do a series of sobriety tests to determine if the individual is driving under the influence of alcohol. If the individual fails to pass the sobriety tests, the officer can charge them with a DUI and book them. The evidence the police officer gathers at the scene can and will be used against individuals that take their case to court. Police officers will use a breathalyzer to determine the blood alcohol content (BAC) of a driver. In the past, the standard BAC level was .10% or more. With so many accidents being linked to drunk drivers, all 50 states have now enforced laws stating that it is illegal to drive if the driver's BAC is over .08%. If the police officer asks the person to perform the BAC test, the driver must comply because it is written into the clause of owning a driver's license. Individuals that refuse to take chemical tests will have larger penalties and may not be able to be released on bail.

Accident lawyers will review the information gathered by the police officer to determine if the accused person has too much evidence held against them, or if they can easily fight their case. The chemical tests must be conducted properly, or the court may throw them out of the case, making it more difficult for the prosecution to plead their case.
Once the individual is booked and posts bail, they are released with an agreement to appear in court. The courts often will enforce other penalties and laws on the individuals that fail to meet their court appearances. For some people, attending their court dates and serving their community service conviction could wind up hurting their jobs. The court fees alone run around $5,000 or more and driver's can easily have their license suspended or revoked.

Accident lawyers will try to reduce the conviction of the defendant; however it is up the judge and the jury to decide the fate of the driver. Some individuals that have multiple offenses will need to have an ignition interlock device installed in their vehicle and they must attend alcohol education courses or rehabilitation. A DUI conviction will increase the insurance rates of the accused person and they may also cause problems with international travel.

The DUI laws are specific and difficult to understand for most people. Accident lawyers specialize in handling numerous traffic cases and are able to negotiate a lesser sentence for most of their clients.