Driving under the influence is an offense that can affect multiple areas of a person’s life. Bail, fines, and other related expenses are just a few issues that could make a criminal charge for DUI difficult to handle. If you or a family member was arrested for driving under the influence, you should consult with an experienced Salt Lake City DUI defense lawyer. Criminal defense lawyer Darwin Overson understands how a DUI can derail a person’s life, and he is here to offer you the criminal defense you deserve for your case. Overson & Bugden, is here to explain whether a defendant needs to post bail for a DUI in Salt Lake City.
Utah Requirements for Bail
If you were arrested for driving under the influence (DUI), you may be concerned about whether you will have to pay bail and the amount of money you will need to free yourself from jail. Utah indeed requires defendants accused of DUI to pay bail. However, the amount of bail that must be paid depends on the circumstances of a defendant’s case.
There are a variety of factors that may prevent an individual from being eligible for bail. For example, if a defendant was charged with a capital felony, and there is evidence to support the crime, the defendant will be denied bail. Other circumstances that can prevent a defendant from receiving bail include:
- Violating probation or violating parole by committing a felony and evidence heavily supports the charges
- Committing a felony while free on bail for a previous felony and there is substantial evidence to support the crime
- The court believes that there is a high likelihood of a defendant fleeing if bail is permitted
- There is evidence that the defendant would be a danger to others or the community or that the defendant may attempt to flee from the state
- The defendant was charged with a felony that violated a condition of their release on bail
- There are domestic violence charges against the defendant and evidence the defendant is a danger to the victim they are accused of abusing
The evidence used to deny an individual’s bail can come from a variety of sources. For example, the court may look at the evidence provided when the individual was indicted, or they may use probable cause statements issued by a law enforcement officer.
Forms of Bail Payment
In Utah, bail is set as a single amount for each criminal case or each criminal charge. This means that if an individual is charged with multiple crimes, their bail payments could be aggregated. There are multiple forms of payment accepted when making a bail payment:
- Written undertaking with sureties; sureties must be real or personal property holders within the State of Utah
- Written undertaking without the need for sureties (requires agreement by judge or magistrate)
- Credit or debit cards (also requires a decision by a judge or magistrate)
Additionally, the court will not accept payment of bail with a surety unless the surety’s mailing address, phone number, and email address are submitted to the court.
Utah Bail Fines
The amount of money charged for bail will depend on the type and number of crimes that a person is charged with violating. For example, if a defendant is accused of a third degree felony, the amount owed for bail will be $5,000.
The grading for a criminal offense of DUI can vary depending on the circumstances of a defendant’s case. A first-time DUI offender will likely have their offense graded as a class B misdemeanor. In Utah, the bail for a class B misdemeanor is $680.
If a defendant is charged as a three-time offender, the offense will be graded as a class A misdemeanor. The bail amount for a Class A misdemeanor is $1,950. In some cases, bail can be charged as third degree felony, which can make the offense extremely expensive for a defendant.
It is important to note that although an individual can be released from custody after posting bail, there could be a number of conditions to their release. For example, a defendant may have to attend all court hearings to ensure their bail is not revoked. Jumping bail in Utah and attempting to flee can result in other serious charges. If you need more information regarding the bail process in Utah operates, you should consult with an experienced attorney as soon as possible.
Work with a Trusted Salt Lake City DUI Defense Attorney Today
If you or a family member was arrested for DUI, contact an experienced Salt Lake City criminal defense attorney. With nearly two decades of legal experience, criminal defense lawyer Darwin Overson recognizes the challenges faced by defendants charged with DUI, and he is here to fight for you. To schedule a free legal consultation to discuss your case, contact Overson & Bugden at (801) 758-2287, or contact us online.