DUI Bail Bonds in Los Angeles

By Jane Un, licensed bail agent #1843448. Updated October 29, 2026.

A call comes in late. Someone was stopped, checked and arrested for driving under the influence. They are in a cell and a family member is trying to understand what bail means for a DUI. This guide explains the rules in plain words, so you know what to ask and what to expect.

We say up front that we are not lawyers and that DUI cases have many parts. This page is about bail and release. For the case itself, talk to a lawyer or the public defender.

What the DUI laws say

California Vehicle Code section 23152 makes it unlawful to drive under the influence of alcohol, to drive with a blood alcohol level of 0.08 percent or more and to drive while addicted to a drug, among other things. Section 23153 covers the more serious offense of driving under the influence and, while doing so, committing an act or neglect that causes bodily injury to someone other than the driver. Injury cases are charged more seriously, often as felonies, so bail is usually higher. Ask a lawyer how the charge is classified.

Most first time DUI arrests with no injury are charged as misdemeanors. That does not make them small. A misdemeanor DUI can carry jail time, fines, license consequences and a long probation. The charge also matters for bail, because a misdemeanor and a felony go through different release rules. See our guides on misdemeanor bail and felony bail.

Why DUI is not a simple cite and release

Many misdemeanor arrests end with a written promise to appear. DUI is different. Vehicle Code section 40302 says a person arrested for a violation of that code, other than a felony, must be taken before a magistrate in certain cases. One of those cases is when the person is charged with violating section 23152. Penal Code section 853.6(i) also lists, as reasons an officer may decline to cite and release, that the person was so intoxicated they could be a danger to themselves or others, and that the arrest was under specified Vehicle Code provisions, including sections 40302 and 40303.

In plain words, a DUI arrest usually means the person is booked and held for a time. After that, release can happen in one of a few ways.

• Release when the person is sober, on a written promise or on posted bail, depending on the agency's practice and the case.
• Release after posting the scheduled bail amount, in cash or by a bond.
• Release by a judge at arraignment on own recognizance, or on bail set by the judge, under Penal Code sections 1270 and 1275.

Practices vary between police departments, the Sheriff, the Highway Patrol and the court's policies, and they change. Do not assume. Ask the jail what is required right now. Our guide on Los Angeles pre arraignment release explains how the court's protocols work.

How bail is set on a DUI

For a misdemeanor DUI, the amount normally comes from the countywide bail schedule under Penal Code section 1269b. The Los Angeles Superior Court posts its current schedules online, and we do not repeat dollar figures from other sites, because the court's own version controls and is revised each year. If a judge has already seen the person, bail is the amount that judge fixed. Read how much bail is in California.

Factors that can raise bail, in general terms, are an injury, a prior DUI, a high blood alcohol reading, a child in the car, a suspended license, a crash and a warrant. Under Penal Code section 1275, a judge weighs public safety first, the seriousness of the offense, the person's record and the likelihood of appearing. Under section 1269c a judge may adjust bail early, and a lawyer can ask for a change. See bail reduction hearings.

Getting someone out, step by step

1. Confirm where the person is. DUI arrests can be by LAPD, the Sheriff, the Highway Patrol or a city police department. Our jail pages and the guide to finding someone in jail in Los Angeles help.
2. Ask what the jail requires. Some people cannot be released until sober. Ask whether there is a hold.
3. Get the booking number, the charge and the bail amount.
4. Decide how to post. Cash, a bond or waiting for court. See cash bail vs bail bond.
5. If you use a bond, the co-signer applies and signs. We need photo ID and proof of income. The online application takes about four minutes.
6. Plan the ride home. A person released after a DUI arrest should not drive. Arrange a ride.
7. Write down the court date and the name of the court.

We do not promise a release time. Release depends on sobriety, jail processing and the court.

What a DUI bond costs

The premium is a percentage of the bail. {{PREMIUM}}

Misdemeanor DUI bails are often modest compared with felonies, so the premium may be manageable. If there is injury or a prior, the bail may be larger, and collateral could be needed. {{PREG}}

Is a bond worth it on a DUI. It depends. If the person will likely see a judge within a day or two and own recognizance is realistic, waiting may cost nothing. If a job, children or a medical need make time in custody costly, a bond can be worth it. The premium is generally earned once the bond is posted, so it is not refunded if the person is later released another way. Ask the jail and a lawyer about timing before you pay, and ask us for the numbers in writing. We would rather you decide with full information than hurry on a bad night.

Co-signers should also think about the long road. A DUI case can last months, with several dates and sometimes a probation term. The bond stays in place until the court exonerates it. See co-signer responsibilities in California before you sign, and surrender and exoneration to understand how a bond ends.

The first court date and what comes with it

After release the person gets a date for arraignment. On a misdemeanor, the California Courts Self Help Center says trial must begin within 45 days of arraignment or plea for someone out of custody, and 30 days if in custody, unless time is waived. Talk to a lawyer before waiving time. If you cannot afford one, the court appoints a lawyer at arraignment. Read what happens at arraignment in Los Angeles.

Another deadline may be running at the same time. Driving privileges are handled by the Department of Motor Vehicles on a short timetable that starts at arrest. The paperwork the person received at booking explains the deadline. Do not ignore it, and ask a lawyer about it right away.

Conditions the court may set

A judge may release a DUI defendant with conditions. Common ones include no driving without a valid license, no alcohol, alcohol screening, reporting to pretrial services or an ignition lock in some cases. The court can also order a person to stay away from a location. Breaking a condition can raise bail or send the person back to custody. See bail conditions in California.

Conditions are set by the judge, not by a bail agent. Ask the lawyer to explain each one in writing, and keep a copy in your wallet. If a condition cannot be met, such as a work schedule that conflicts with reporting, tell the lawyer before the first violation and ask the court to adjust it. Courts respond better to a request made early than to an excuse made late. We also remind co-signers that they promised the person would come to every date, so a quick call to us about any problem keeps everyone ahead of it.

Families often ask about the person's car. If it was towed, the tow yard and the arresting agency have their own rules and fees, separate from bail, and we cannot help with those. Ask the agency where the car went and what is needed to retrieve it, and ask the lawyer whether anything needs to be done before the person drives again.

Missing a DUI court date

A missed date can forfeit a bond and lead to a bench warrant. The 180 day clock begins, as explained in bail forfeiture under PC 1305. Call us and the lawyer the same day. A warrant on a DUI also complicates any later traffic stop. Read bond reinstatement and the missed court date guide.

Common mistakes after a DUI arrest

• Driving to the jail to pick the person up while upset or tired. Take a ride service or ask a friend.
• Posting a bond without asking what the jail requires. Sometimes release is possible without one.
• Talking about the drinking or the stop on a recorded jail call. Jail calls are recorded. Keep calls practical.
• Ignoring the DMV paper handed out at booking. The deadline runs fast.
• Missing the first court date because the notice was lost. Call the court clerk with the person's name to confirm.
• Letting the person drive before the license question is settled. A second arrest makes everything worse.
• Waiting to hire or ask for a lawyer. The earlier a lawyer is involved, the more options there are.

If the person is a rideshare or commercial driver, tell the lawyer at once, because work consequences can differ.

What we do and what we do not do

We explain the bail, the premium, the payment plan and what the co-signer promises. We do not advise on the charge, the DMV process or a plea. We do not recommend any lawyer. Jane Un is often in court at arraignment to support families, and we try to be calm and clear on a bad night. No games. {{CALL}}

This guide is general information and not legal advice. Talk to your own lawyer or the public defender about your case. Our resources directory lists public defenders, court self help centers and legal aid.