How Long Do They Hold You for a DUI Arrest?
Learn how various legal and personal factors influence the length of time you're held after a DUI arrest and what to expect before release.
Being arrested for driving under the influence (DUI) can be a disorienting experience. A primary concern for many individuals facing such charges is the duration they will be held in custody immediately following the arrest. The time spent in detention is not fixed and depends on various procedural and case-specific factors.
Understanding these factors provides clarity for those arrested, as well as their families and employers affected by the situation.
Immediate Detention Period
After a DUI arrest, an individual is typically taken to a police station or holding facility. This initiates an immediate detention period necessary for administrative processing and to ensure the person is no longer impaired.
The standard booking procedure involves recording the arrestee’s personal information, taking fingerprints and photographs (mugshots), and inventorying personal belongings. This creates the official arrest record.1FindLaw. DUI Booking, Arraignment, and Bail
A key reason for detention after a DUI arrest is intoxication. Law enforcement generally holds individuals until they are deemed sober enough for safe release, protecting both the individual and the public. This sobering period can last several hours or potentially overnight, depending on the level of impairment indicated by observation or chemical tests, which may also be administered during processing. This initial hold focuses on these administrative and safety protocols, assuming no other complicating factors are present.
Factors That Can Increase the Holding Period
While the initial detention for booking and sobering is often relatively brief, certain circumstances can extend the time an individual remains in custody. These typically relate to the severity of the incident, the individual’s background, or other alleged offenses.
Prior DUI History
A record of previous DUI convictions often leads to longer detention. Authorities may view repeat offenders as a higher risk, potentially influencing release decisions. Jurisdictions often have “look-back” periods where prior DUIs trigger enhanced consequences, possibly including mandatory minimum holding times or stricter release conditions that delay release. A history of DUIs suggests previous interventions were insufficient, prompting a more cautious approach.
Serious Injuries or Damages
If a DUI incident causes serious injury or death, the charges often escalate to felonies, such as vehicular assault or homicide. Significant property damage can also increase the offense’s severity. Such incidents necessitate more extensive investigation, contributing to a longer holding period. The gravity of potential felony charges makes judges more cautious about immediate release, often resulting in higher bail amounts or denial of bail pending court proceedings, significantly extending detention compared to a standard DUI.
Additional Charges
Detention time can increase if other offenses are discovered during the DUI stop or arrest. Examples include driving with a suspended license, possession of illegal drugs or weapons found in the vehicle, resisting arrest, or attempting to evade law enforcement. Each additional charge requires processing and consideration, complicating the release assessment. Multiple charges, particularly felonies, increase the overall legal complexity and can prolong custody while authorities evaluate the full situation.
Release and Bail Options
After initial processing and sobering, attention turns to potential release pending court dates. Release often requires meeting conditions designed to ensure future court appearances, typically through bail or release on one’s own recognizance.
Bail acts as a financial security deposit to incentivize the defendant’s return to court.2Wikipedia. Bail If all appearances are made, the bail amount is usually returned, sometimes less administrative fees. Bail amounts may be set according to a predetermined “bail schedule” for specific offenses, allowing for faster release.3Justia. Bail Schedules in Criminal Law Alternatively, a judge sets bail, usually at the first court appearance, considering the offense severity and the defendant’s history.4Nolo. How Is Bail Amount Determined? The Eighth Amendment prohibits excessive bail, aiming to ensure appearance rather than punish or detain solely based on inability to pay.
Several methods exist to post bail. Cash bail involves paying the full amount directly. A surety bond involves paying a non-refundable fee (often about 10%) to a bail bond agent who guarantees the full amount to the court.5Investopedia. What Is a Bail Bond? If the defendant fails to appear, the agent is liable for the full bail and may seek recovery from the defendant or co-signers. Property bonds, using real estate as collateral, may also be an option but are typically more complex.
In some cases, particularly for less severe DUIs or individuals with strong community ties and minimal criminal history, a judge may grant release “on one’s own recognizance” (OR). This involves release based on a written promise to appear, without requiring money or collateral.6Delaware Courts. Bail and Bail Bonds OR release depends on the judge’s assessment of factors like employment, residency, and the perceived risk of flight or danger.
Release, whether through bail or OR, usually includes conditions. These might involve abstaining from alcohol, avoiding driving, travel restrictions, or having no contact with victims. Electronic monitoring could also be imposed. Violating these conditions can lead to release revocation, bail forfeiture, and an arrest warrant.7CT Judicial Branch. Bail FAQs
Court Appearance Requirements
Following release, the focus shifts to the court process, requiring strict adherence to scheduled appearances. The first is typically the arraignment, where the defendant is formally informed of the charges, advised of their rights, and enters an initial plea (e.g., guilty, not guilty). The arraignment date may be on the arrest citation or mailed later.
If a “not guilty” plea is entered, further court dates are scheduled. These may include pre-trial conferences for potential resolution discussions, motion hearings on legal issues, and eventually, a trial if no agreement is reached. The court provides notice, but the defendant is responsible for tracking dates and ensuring attendance, sometimes through legal counsel if permitted.
Failure to appear for any required court date has serious consequences. A judge will typically issue a bench warrant, authorizing immediate arrest. Missing court can also result in forfeiture of posted bail and potentially new criminal charges for failure to appear (FTA), adding to the legal difficulties from the original DUI arrest. Attending all court dates is essential.