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Vehicle Code / DUI bail assistance

DUI Bail Bonds in California

DUI bail and release can look very different from one arrest to the next. The specific allegation, any prior convictions, whether anyone was hurt, the county and any court order all shape what happens after booking.

Not every DUI arrest needs a commercial bail bond. In Los Angeles County, many DUI bookings are released under the court's pre-arraignment protocol without money bail — we will tell you when that may apply.

Private agency. Not a government office.General information, not legal advice

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01 / Overview

DUI bail in California: the short version

The allegation decides the path, not the word "DUI."

Driving under the influence is defined in the California Vehicle Code, not the Penal Code. Bail and release rules come from the Penal Code, the California Constitution and each county's bail schedule. Knowing which statute was booked — and whether anyone was injured or there are qualifying priors — explains most of what families see next.

01

Most first DUIs are misdemeanors

A first or second DUI without injury is generally charged as a misdemeanor under Vehicle Code §23152. In Los Angeles County, the 2026 misdemeanor schedule lists VC §23152 as Book and Release ($0 bail) unless an exception applies.

02

Injury and priors change the review

DUI causing bodily injury (VC §23153), certain repeat-offense allegations and felony DUI are listed for Magistrate Review, where a judicial officer sets release conditions.

03

Scheduled money bail is the exception

The LA County felony schedule lists $100,000 for VC §23153 with personal infliction of great bodily injury or personal use of a dangerous or deadly weapon. That is a specific circumstance, not a typical DUI.

04

The license is a separate process

A DMV suspension after a DUI arrest runs separately from the criminal case. Posting bail does not stop it, and the hearing request window is short.

For other driving allegations, compare Traffic & Vehicle Code guidance. Misdemeanor release procedures and manslaughter allegations answer different questions from an ordinary DUI booking.

Start with the record: Find the person's booking record · Jails & detention centers · Courthouse directory. Browse every guide in the bail bond services directory.

02 / The law

California DUI laws & Vehicle Code explained

Understand the charge, the statute and why the distinction matters.

A / Primary offenses

Vehicle Code §23152: DUI without injury

Section 23152 contains the core DUI offenses. Each subdivision is a separate way of committing the offense, and a booking may list more than one — most commonly (a) and (b) together.

VC §23152(a)

Alcohol impairment

What it covers
Driving while under the influence of any alcoholic beverage.
What distinguishes it
Focuses on impairment, not a number. It can be charged even without a test result at or above 0.08%.
Classification
Usually a misdemeanor; can become a felony under VC §23550 or §23550.5.
Why it matters for release
Listed as Book and Release on the 2026 LA County misdemeanor schedule unless an exception applies.
View official statute: California Vehicle Code section 23152 (opens in a new tab)

VC §23152(b)

0.08% blood alcohol

What it covers
Driving with a blood alcohol concentration of 0.08% or more.
What distinguishes it
A per-se offense based on the measured concentration. The statute creates a rebuttable presumption for a test taken within three hours of driving.
Classification
Usually a misdemeanor; repeat-offense rules can change that.
Why it matters for release
Same schedule treatment as (a); a BAC of 0.15% or more is a separate special allegation (VC §23578).
View official statute: California Vehicle Code section 23152 (opens in a new tab)

VC §23152(c)

Driving while addicted to a drug

What it covers
Driving while addicted to the use of any drug.
What distinguishes it
Addiction, not impairment at the moment, is the element. It does not apply to a person participating in an approved narcotic treatment program.
Classification
Usually a misdemeanor.
Why it matters for release
Booked under §23152, so the same schedule entry applies.
View official statute: California Vehicle Code section 23152 (opens in a new tab)

VC §23152(d)

Commercial vehicle, 0.04%

What it covers
Driving a commercial motor vehicle with a blood alcohol concentration of 0.04% or more.
What distinguishes it
A lower threshold for commercial drivers, tied to the Vehicle Code's commercial-vehicle definition.
Classification
Usually a misdemeanor.
Why it matters for release
Same §23152 schedule entry; licensing consequences for commercial drivers can be significant and are handled separately.
View official statute: California Vehicle Code section 23152 (opens in a new tab)

VC §23152(e)

Passenger for hire, 0.04%

What it covers
Driving with a blood alcohol concentration of 0.04% or more while a passenger for hire is in the vehicle.
What distinguishes it
Applies to rideshare, taxi and similar paid trips (in effect since July 1, 2018).
Classification
Usually a misdemeanor.
Why it matters for release
Same §23152 schedule entry.
View official statute: California Vehicle Code section 23152 (opens in a new tab)

B / DUI causing injury

Vehicle Code §23153: DUI causing bodily injury

Section 23153 mirrors §23152 but adds two elements: the driver did an act forbidden by law or neglected a legal duty while driving, and that act or neglect proximately caused bodily injury to someone other than the driver.

VC §23153(a)Alcohol impairment causing injury
What it covers
Driving under the influence of alcohol and, through an unlawful act or neglect of duty, causing bodily injury to another person.
What distinguishes it
Requires injury to someone other than the driver and a causal link to an unlawful act or neglect, such as a traffic violation.
Classification
A "wobbler": may be filed as a misdemeanor or a felony.
Why it matters for release
Generally listed for Magistrate Review on both 2026 LA County schedules; the felony entry involving personal infliction of great bodily injury or personal use of a dangerous or deadly weapon lists $100,000. Check the exact allegation.
View official statute: California Vehicle Code section 23153 (opens in a new tab)
VC §23153(b)0.08% BAC causing injury
What it covers
Driving with 0.08% or more blood alcohol and causing bodily injury to another person through an unlawful act or neglect.
What distinguishes it
The per-se version of the injury offense.
Classification
Wobbler.
Why it matters for release
Magistrate Review; a $100,000 felony schedule amount applies only with personal infliction of great bodily injury or personal use of a dangerous or deadly weapon.
View official statute: California Vehicle Code section 23153 (opens in a new tab)
VC §23153(d)–(e)Commercial and passenger-for-hire thresholds
What it covers
The 0.04% commercial-vehicle and passenger-for-hire versions of the injury offense.
What distinguishes it
Same lower thresholds as §23152(d) and (e), plus the injury and causation elements.
Classification
Wobbler.
Why it matters for release
Booked under §23153, so the injury-DUI schedule entries apply.
View official statute: California Vehicle Code section 23153 (opens in a new tab)
VC §23153(f)–(g)Drug and combined influence causing injury
What it covers
Drug-impaired or combined alcohol-and-drug driving that causes bodily injury to another person.
What distinguishes it
Same causation and injury elements, with drug or combined influence.
Classification
Wobbler.
Why it matters for release
Same §23153 schedule treatment.
View official statute: California Vehicle Code section 23153 (opens in a new tab)

C / Repeat offenses

Repeat DUI sentencing sections

These sections set punishment for DUI convictions with qualifying priors within ten years. They are sentencing provisions — whether a prior counts depends on its type, date and whether it resulted in a conviction.

StatuteWhat it coversClassificationRelease contextOfficial text
VC §23540Second DUI within 10 yearsA §23152 conviction within ten years of one qualifying prior. Counts priors under §23152, §23153 or a qualifying §23103 "wet reckless" plea within the lookback period.Misdemeanor.A second DUI by itself is still a misdemeanor §23152 booking.View official statute: California Vehicle Code section 23540 (opens in a new tab)
VC §23546Third DUI within 10 yearsA §23152 conviction within ten years of two qualifying priors. Two separate qualifying convictions within the ten-year window.Misdemeanor.The 2026 misdemeanor schedule lists the VC §23580 two-or-more-priors allegation for Magistrate Review.View official statute: California Vehicle Code section 23546 (opens in a new tab)
VC §23550Fourth DUI within 10 yearsA §23152 or §23153 conviction within ten years of three or more qualifying priors. Three or more separate qualifying convictions in the lookback period.Wobbler: state prison or up to one year in county jail.Felony §23152 under §23550 is listed for Magistrate Review on the 2026 felony schedule.View official statute: California Vehicle Code section 23550 (opens in a new tab)
VC §23550.5DUI after a prior felony DUIA new §23152 or §23153 conviction within ten years of a prior felony DUI, or after a qualifying vehicular manslaughter conviction. Depends on how the prior was punished, not only that it happened.Wobbler: state prison or up to one year in county jail.Listed for Magistrate Review on the 2026 felony schedule.View official statute: California Vehicle Code section 23550.5 (opens in a new tab)
VC §23566Injury DUI with two or more priorsA §23153 conviction within ten years of two or more qualifying priors; subdivision (b) adds great bodily injury. Combines an injury offense with a repeat-offense history.Felony: two, three or four years in state prison.Injury DUI is reviewed by a magistrate; the GBI circumstance can carry the $100,000 scheduled amount.View official statute: California Vehicle Code section 23566 (opens in a new tab)

D / Enhancements & related allegations

Enhancements, special allegations and related Penal Code sections

These provisions add penalties or create related offenses. An enhancement must generally be charged and then admitted or proven — an arrest report alone does not make it apply.

VC §23558Multiple injured victims
What it covers
On a felony conviction, one additional year for each additional person injured, up to three.
What distinguishes it
Applies to §23153 and to certain vehicular manslaughter offenses; must be charged and admitted or found true.
Classification
Felony sentence enhancement.
Why it matters for release
May increase the seriousness a court weighs when reviewing release.
View official statute: California Vehicle Code section 23558 (opens in a new tab)
VC §23572Child passenger under 14
What it covers
Additional jail time when a minor under 14 was a passenger during a §23152 offense.
What distinguishes it
Must be pled and proven.
Classification
Enhancement to a misdemeanor DUI.
Why it matters for release
Listed as Book and Release on the 2026 LA misdemeanor schedule.
View official statute: California Vehicle Code section 23572 (opens in a new tab)
VC §23577Chemical-test refusal penalties
What it covers
Additional jail time when a person convicted of DUI willfully refused or failed to complete a required test.
What distinguishes it
Ties into the implied-consent law; must be pled and proven.
Classification
Sentencing enhancement.
Why it matters for release
Refusal is a listed BR special allegation for §23152 on the 2026 misdemeanor schedule.
View official statute: California Vehicle Code section 23577 (opens in a new tab)
VC §235780.15% BAC or refusal as a special factor
What it covers
A court must consider a BAC of 0.15% or more, or a refusal, as a special factor that may justify enhanced penalties or probation terms.
What distinguishes it
A sentencing factor, not a separate crime.
Classification
Sentencing factor.
Why it matters for release
Listed as BR for §23152 and as a special allegation for §23153 on the 2026 misdemeanor schedule.
View official statute: California Vehicle Code section 23578 (opens in a new tab)
VC §23580Minimum custody for repeat offenses
What it covers
Requires at least 48 consecutive hours of custody (or 10 days of community service) for second-or-subsequent DUI convictions.
What distinguishes it
The LA misdemeanor schedule uses §23580 as its label for the two-or-more-priors-within-10-years allegation.
Classification
Sentencing requirement.
Why it matters for release
That allegation is listed for Magistrate Review on the 2026 misdemeanor schedule.
View official statute: California Vehicle Code section 23580 (opens in a new tab)
VC §23582Excessive speed while DUI
What it covers
An additional 60 days in county jail when a driver goes 30+ mph over the limit on a freeway, or 20+ mph over on another road, while driving recklessly during a DUI.
What distinguishes it
Requires both the speed and reckless driving under §23103, and both must be charged and admitted or found true.
Classification
Sentencing enhancement.
Why it matters for release
Listed as BR for §23152 on the 2026 misdemeanor schedule.
View official statute: California Vehicle Code section 23582 (opens in a new tab)
VC §23612Implied consent to chemical testing
What it covers
A person who drives in California is deemed to have consented to a chemical test after a lawful DUI arrest.
What distinguishes it
Refusal triggers DMV consequences and can support refusal allegations in the criminal case.
Classification
Testing procedure, not an offense.
Why it matters for release
Refusal itself does not set bail, but it can appear as a special allegation.
View official statute: California Vehicle Code section 23612 (opens in a new tab)
PC §191.5Vehicular manslaughter while intoxicated
What it covers
Unlawfully killing someone while driving in violation of §23152 or §23153; subdivision (a) adds gross negligence.
What distinguishes it
A death has occurred. (a) involves gross negligence; (b) does not.
Classification
(a) is a felony; (b) is a wobbler.
Why it matters for release
2026 LA felony schedule: $100,000 for (a), $50,000 for (b). Misdemeanor (b) is listed for Magistrate Review.
View official statute: California Penal Code section 191.5 (opens in a new tab)
PC §192(c)Vehicular manslaughter
What it covers
Vehicular manslaughter based on gross or ordinary negligence, without the intoxication element of §191.5.
What distinguishes it
Sometimes charged alongside or instead of intoxication-based counts.
Classification
(c)(1) is a wobbler; (c)(2) is a misdemeanor.
Why it matters for release
Listed for Magistrate Review on the 2026 LA misdemeanor schedule.
View official statute: California Penal Code section 192 (opens in a new tab)
PC §12022.7Great bodily injury enhancement
What it covers
Additional prison time when a person personally inflicts great bodily injury during a felony.
What distinguishes it
"Great bodily injury" means significant or substantial physical injury — more than ordinary bodily injury.
Classification
Felony enhancement.
Why it matters for release
Personal infliction of GBI is what moves a §23153 booking to the $100,000 LA felony schedule entry.
View official statute: California Penal Code section 12022.7 (opens in a new tab)

02B / Penal Code

California bail laws that affect DUI release

The Penal Code decides how release works.

Constitutional framework

In re Humphrey (2021)

The California Supreme Court held that conditioning release solely on whether a person can afford bail is unconstitutional. Courts must consider ability to pay and use the least restrictive conditions that reasonably protect the public and victims and assure court appearance. Detention without release requires clear and convincing evidence that no conditions are sufficient.

View court decision (opens in a new tab)
  • What a bail schedule doesIt gives law enforcement a preset release rule or amount for each booked charge before a judge sees the case.
  • When a court can change bailA judge can raise, lower or remove bail, or add conditions, at arraignment or a later bail hearing. The pre-arraignment designation does not bind the judge.
  • Release without money bailOwn-recognizance or $0 bail release means signing a promise to appear and following any conditions — no premium is paid.
  • Why ability to pay mattersAfter Humphrey, a court setting money bail must consider what the person can afford and whether non-financial conditions would work.
  • Why someone may stay in custodyA magistrate may defer release to arraignment, or a hold, warrant or other case may prevent release. No agency can override a judicial order.
  • When a bond may not be neededIf the person is cited, booked and released, or released by a magistrate without financial conditions, there is nothing to post.

03 / Bail amounts

How much is bail for a DUI in California?

Actual bail depends on the county, charge, release protocol and court order.

There is no single statewide DUI bail amount. Each county adopts its own schedule. The table below reproduces the DUI-related entries from the Superior Court of Los Angeles County's 2026 schedules, effective January 1, 2026 — the separate comparison below illustrates why another county’s schedule must be checked independently.

  • CRCite and Release

    $0 bail. The person signs a promise to appear and is released without booking-based financial conditions, unless an exception applies.

  • BRBook and Release

    $0 bail. The person is booked, then released on a promise to appear under PC §1318, unless an exception applies.

  • MRMagistrate Review

    Judicial review — no fixed scheduled amount. A magistrate reviews the booking and a risk assessment, then releases the person on their own recognizance, releases them with non-financial conditions, or defers release to arraignment.

  • Scheduled amountFinancial condition

    A dollar figure printed in the schedule. A commercial bail bond becomes relevant when this, or a court-set amount, must be posted.

Los Angeles County, effective January 1, 2026. Pre-arraignment designations; a judge may set different conditions.
Charge or circumstanceStatuteContextLA pre-arraignmentAmountWhat happens nextSource
Standard DUI, no injuryVC §23152MisdemeanorBR$0Booked, then released on a promise to appear unless an exception applies.Misdemeanor schedule, p. 31 (opens in a new tab)
DUI with child passenger under 14VC §23152 + §23572Misdemeanor special allegationBR$0Same Book and Release path as a standard DUI.Misdemeanor schedule, p. 31 (opens in a new tab)
BAC over 0.15% or test refusalVC §23152 + §23578Misdemeanor special allegationBR$0Same Book and Release path as a standard DUI.Misdemeanor schedule, p. 31 (opens in a new tab)
Excessive speed while DUIVC §23152 + §23582Misdemeanor special allegationBR$0Same Book and Release path as a standard DUI.Misdemeanor schedule, p. 31 (opens in a new tab)
Two or more priors within 10 yearsVC §23152 + §23580Misdemeanor special allegationMRNo scheduled amountA magistrate decides release conditions or defers to arraignment.Misdemeanor schedule, p. 31 (opens in a new tab)
DUI causing injury, filed as misdemeanorVC §23153MisdemeanorMRNo scheduled amountA magistrate decides release conditions or defers to arraignment.Misdemeanor schedule, p. 31 (opens in a new tab)
View all schedule examples
Charge or circumstanceStatuteContextLA pre-arraignmentAmountWhat happens nextSource
Felony DUI from repeat-offense rulesVC §23152 per §23550 or §23550.5FelonyMRNo scheduled amountA magistrate decides release conditions or defers to arraignment.Felony schedule, p. 24 (opens in a new tab)
Felony DUI causing bodily injuryVC §23153FelonyMRNo scheduled amountA magistrate decides release conditions or defers to arraignment.Felony schedule, p. 24 (opens in a new tab)
Injury DUI with personal infliction of GBI or personal use of a dangerous or deadly weaponVC §23153Felony (serious)$$100,000Financial condition must be posted or reviewed by a judge.Felony schedule, p. 24 (opens in a new tab)
Vehicular manslaughter while intoxicated, gross negligencePC §191.5(a)Felony (serious)$$100,000Financial condition must be posted or reviewed by a judge.Felony schedule, p. 13 (opens in a new tab)
Vehicular manslaughter while intoxicated, no gross negligencePC §191.5(b)Felony (serious)$$50,000Financial condition must be posted or reviewed by a judge.Felony schedule, p. 13 (opens in a new tab)
  • MR does not mean money bail must be paid. It means a judicial officer decides the release conditions.
  • A $0 designation does not guarantee immediate release. Booking, processing and review still take time.
  • Other charges, warrants, probation or parole status, or court orders can change the procedure.
  • The pre-arraignment designation is not binding on the judge at arraignment.
  • These are Los Angeles County entries only. Other counties publish different schedules.

Not sure what the bail amount means?

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03B / County by county

Why DUI bail differs from county to county

Same Vehicle Code, different county schedules.

California has no single statewide DUI bail amount. Under Penal Code §1269b, each county's superior court adopts its own schedule every year. Two verified 2026 examples show how different the pre-arraignment rules can be.

Los Angeles County

Standard VC §23152 DUI
Listed as Book and Release under the county's pre-arraignment release protocol — no money bail at booking unless an exception applies.
Injury and repeat-offense allegations
Injury and repeat-offense entries generally use Magistrate Review; the felony VC §23153 entry involving great bodily injury carries a $100,000 scheduled amount. Verify the exact allegation and applicable exceptions.

LA County 2026 Felony & Misdemeanor Bail Schedules · Effective January 1, 2026.

View court schedule: LA County 2026 Felony & Misdemeanor Bail Schedules (opens in a new tab)

San Bernardino County

Standard VC §23152 DUI
The misdemeanor section lists VC §23152 at $10,000, $20,000 with one prior and $50,000 with two or more priors (printed p. 14). The felony section lists DUI with three or more priors at $250,000 (printed p. 10). Verify the classification and actual court order.
VC §23153 DUI with injury
The misdemeanor section lists VC §23153 at $50,000, rising to $75,000 with one prior and $100,000 with two or more priors (printed p. 14). The felony section separately lists DUI with injuries at $250,000 (printed p. 10). Verify the classification and actual court order.

San Bernardino County 2026 Felony & Misdemeanor Bail Schedule · Effective January 1, 2026; revised June 4, 2026.

View court schedule: San Bernardino County 2026 Felony & Misdemeanor Bail Schedule (opens in a new tab)

These are two counties' published 2026 schedules, shown for comparison only — $10,000 is not a statewide default, and the figures do not describe Set Free's service coverage. The court or magistrate can set different conditions based on individual circumstances, and every county's current schedule controls there.

04 / Prior convictions

How prior DUI convictions can change the case

Penalties and bail are different questions.

Prior convictions mostly change how a new DUI is classified and punished. They can also change how release is reviewed. Whether a prior counts depends on its type, its date within the ten-year lookback and whether it ended in a conviction.

  1. 01

    First DUI

    VC §23152
    Classification
    Misdemeanor
    LA County review
    Book and Release in LA County unless an exception applies
    Financial bail
    No scheduled amount
    Possible allegations
    BAC 0.15%+, refusal, speed or child passenger may be alleged
  2. 02

    Second DUI

    VC §23152, §23540
    Classification
    Misdemeanor
    LA County review
    Book and Release unless the two-priors allegation or another exception applies
    Financial bail
    No scheduled amount
    Possible allegations
    Same special allegations as a first DUI
  3. 03

    Third DUI

    VC §23152, §23546, §23580
    Classification
    Misdemeanor
    LA County review
    The two-or-more-priors allegation is listed for Magistrate Review
    Financial bail
    No scheduled amount; a magistrate sets conditions
    Possible allegations
    Same special allegations
  4. 04

    Fourth DUI / multiple priors

    VC §23550
    Classification
    Wobbler — may be filed as a felony
    LA County review
    Felony §23152 is listed for Magistrate Review
    Financial bail
    No scheduled amount; a judge may set conditions
    Possible allegations
    Prior-conviction allegations must be charged and proven
  5. 05

    DUI after a prior felony DUI

    VC §23550.5
    Classification
    Wobbler — may be filed as a felony
    LA County review
    Magistrate Review
    Financial bail
    No scheduled amount; a judge may set conditions
    Possible allegations
    The prior felony must be charged and proven
  6. 06

    DUI causing injury

    VC §23153, §23560, §23566
    Classification
    Wobbler; felony with qualifying priors
    LA County review
    Magistrate Review
    Financial bail
    $100,000 scheduled only with personal GBI or weapon use
    Possible allegations
    GBI (PC §12022.7), multiple victims (VC §23558)

This comparison summarizes classification and Los Angeles County pre-arraignment treatment. It does not predict a sentence or a judge's release decision.

05 / Injury allegations

DUI with injury: why bail can be different

Injury allegations move the decision to a judge.

  1. Tier 1

    Standard DUI allegation

    No one other than the driver was hurt. Booked under VC §23152 and, in Los Angeles County, generally Book and Release.

  2. Tier 2

    DUI causing bodily injury

    Booked under VC §23153. Injury and causation are alleged. Both LA County schedules list Magistrate Review, so a judicial officer decides release conditions.

  3. Tier 3

    Great bodily injury or other serious allegations

    Personal infliction of great bodily injury, personal use of a dangerous or deadly weapon, or a death (PC §191.5) carries a scheduled financial condition on the 2026 LA felony schedule.

Multiple injured people

VC §23558 adds up to three years on a felony conviction when more than one person is injured, if charged and proven.

Serious injury allegations

"Great bodily injury" is a specific legal standard. Whether an injury meets it is decided in the case, not by the arrest report.

Judicial review

A magistrate applies PC §1275 — public safety first, then the offense, record and likelihood of appearing.

More restrictive conditions

Courts may order conditions such as no driving, alcohol monitoring or an ignition interlock device.

Other charges and orders

Additional counts, pending cases, probation or an existing warrant can change eligibility for release.

An injury allegation is an accusation. It does not establish how serious the injury was, or that the driver is guilty.

06 / Bond costs

What does a DUI bail bond cost?

The court's number and the bond's cost are different.

Court-set bail

The amount a schedule or judge requires as security for court appearance. It is not a fee.

Surety bond premium

What a licensed bail agent charges to post a bond for the full bail amount. It is set by the surety's filed rate and is generally not refunded.

Initial payment

The part of the premium paid when an arrangement is approved. It is not the total cost.

Financed balance

Any premium left unpaid is still owed under the written agreement after release and after the case ends.

Collateral

Property or funds that may be required as security in addition to the premium. Ask how and when it is returned.

Co-signer responsibilities

A co-signer (indemnitor) can be responsible for the premium balance and for losses if the person misses court.

07 / Release & booking

Do you actually need a bail bond for a DUI?

Often, no. Here is how to tell.

  1. Scenario A

    Cite and Release

    A qualifying person is released with written instructions to appear in court.

    No bond needed
  2. Scenario B

    Book and Release

    A qualifying person is booked and released without money bail on a promise to appear. This is the 2026 LA County designation for a standard VC §23152 DUI.

    No bond needed
  3. Scenario C

    Magistrate Review

    A judicial officer reviews the booking and sets release conditions — often without money bail — or defers release to arraignment.

    Usually not, unless a judge later sets bail
  4. Scenario D

    Financial bail is required

    A scheduled amount or a court order requires money bail. A commercial bail bond may be one way to post it.

    A bond may be relevant
  5. Scenario E

    Additional holds or charges

    Another charge, warrant, probation or parole matter, or a court order may affect eligibility for release.

    Depends on the hold

This guide describes general scenarios. It cannot determine any person's actual release status — the jail, the court and the magistrate do that.

Get bail help

08 / Two processes

A DUI can involve two separate processes

Bail answers the court. It does not answer the DMV.

Criminal court

  1. Arrest & bookingThe arresting agency books the person and records the alleged Vehicle Code sections.
  2. Release & bailRelease follows the county schedule, a magistrate's decision or a judge's order.
  3. ArraignmentThe first court appearance, where charges are read and release can be reviewed.
  4. Court appearancesEvery scheduled date must be attended. Missing one can lead to a warrant and bond forfeiture.
  5. Release conditionsConditions such as not driving or alcohol monitoring are court orders, not bond terms.
  6. The case continuesBeing released does not end the case; it continues until it is dismissed or resolved.

California DMV

  1. Administrative Per Se (APS)An immediate administrative action against the driving privilege after a qualifying test result or refusal.
  2. Notice of suspension or revocationOften served at arrest, along with a temporary license that is generally valid for 30 days if the person holds a valid license.
  3. 10-day hearing requestThe DMV says a hearing must generally be requested within 10 days of receiving the suspension or revocation order.
  4. License consequencesSuspension or revocation length depends on age, test result, refusal and prior history.
  5. Bail does not stop itPosting bail or being released has no effect on a DMV suspension.
  6. A separate proceedingThe DMV hearing is not part of the criminal case and has its own outcome.

California DMV: Driving Under the Influence

View official resource: California DMV: Driving Under the Influence (opens in a new tab)

Set Free Bail Bonds does not provide legal representation or DMV hearing services. Consult a licensed attorney about the criminal case or the DMV hearing.

09 / After the arrest

What happens after a DUI arrest?

Five stages. No guaranteed timeline.

Release may come without any bond. These are the stages families commonly see after a DUI arrest in California.

  1. Arrest & booking

    The arresting agency records identity, the alleged Vehicle Code sections and any test results, then assigns a booking number. Some people are released from booking under the county protocol.

  2. Locate & verify

    Confirm the agency, facility and booking status through an official custody search. A full legal name and approximate age help. A recent booking may not appear right away.

  3. Review release options

    Find out whether the booking is Book and Release, under Magistrate Review or has a financial condition. Many DUI arrests in Los Angeles County never need a bond.

  4. Bail documentation, if needed

    Only when financial bail has been set: the parties review the premium, any collateral and co-signer duties in writing before signing an application and indemnity agreement.

  5. Posting, processing & court

    The facility controls release processing. Holds or other cases can delay it. After release, every court date and condition must be followed — and the DMV deadline still applies.

Understand the process. Get help with your next step.

Get bail help

10 / Local resources

Local custody, court & area resources

Find the person. Find the court.

Sources

Official legal & government references

Primary sources, linked directly.

Government sources are linked for reference only and do not endorse Set Free Bail Bonds.

Additional official resources

12 / Questions

DUI bail bond FAQs

Straight answers, honest limits.

Content updated October 30, 2026. General information, not legal advice.

How much is bail for a first DUI in Los Angeles?

Under the 2026 Los Angeles County misdemeanor schedule, a standard DUI under Vehicle Code §23152 is designated Book and Release with $0 bail, unless an exception applies (for example, another charge, a warrant or supervision status). There is no flat $10,000 or similar figure for a first DUI in LA County's 2026 schedule.

No. Many DUI arrests in Los Angeles County end in Book and Release or a magistrate's release without money bail. A bail bond only becomes relevant when a schedule entry or a judge requires financial bail.

The person is booked — fingerprints, photographs and records — and then released on a written promise to appear in court under Penal Code §1318, without paying bail. The 2026 LA County schedule assigns BR to standard VC §23152 DUI bookings.

Magistrate Review means judicial review with no fixed scheduled amount. The booking and a risk assessment go to a judicial officer, who decides whether to release the person on their own recognizance, release them with non-financial conditions, or defer release until arraignment. The jail then communicates any conditions.

In Los Angeles County's 2026 felony schedule, felony DUI under §23550 or §23550.5 and felony DUI causing bodily injury are listed for Magistrate Review — judicial review with no fixed scheduled amount. A $100,000 figure applies to §23153 with personal infliction of great bodily injury or personal use of a dangerous or deadly weapon.

The booking is under Vehicle Code §23153 and is reviewed by a magistrate. The court looks at public safety, the alleged injury, prior record and likelihood of returning to court. Conditions can be stricter than for a standard DUI.

Yes. Book and Release and many Magistrate Review decisions release people before their first court date. A magistrate can also defer release to arraignment if it finds no conditions would be sufficient.

No. A second DUI within ten years is still generally a misdemeanor §23152 booking. In LA County, the allegation of two or more priors within ten years moves the booking to Magistrate Review — it does not create a dollar amount by itself.

Yes — for example hit-and-run, driving on a suspended license, reckless driving, or vehicular manslaughter if someone died. Each charge has its own schedule entry, and the most serious one usually drives the release decision.

The bail amount is what the court requires as security. The premium is what a licensed bail agent charges to post a bond for that amount, based on the surety's filed rate. The premium is generally not refunded.

No. A DMV suspension after a DUI arrest is a separate administrative action. The DMV says a hearing generally must be requested within 10 days of receiving the suspension or revocation order.

It varies by facility, time of day, booking volume and whether magistrate review is needed. No one can guarantee a release time.

Yes. When a schedule amount or a court order requires money bail, a licensed bail agent can post a surety bond for the full amount in exchange for a premium and a signed agreement.

The person's full legal name, an approximate age or date of birth, and the city or county where the arrest happened. A booking number helps but can be found later through the custody search.

They must attend every court date and follow every release condition, and they should act on any DMV notice right away. If a bond was posted, the co-signer's obligations continue until the case ends and the bond is exonerated.

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