Switch to ADA Accessible Theme
Close Menu
Leesburg, Winchester & Manassas Attorneys
CALL FOR A CONSULTATION TODAY Free for Personal Injury & Criminal Defense Only
Loudoun County Attorneys > Blog > Criminal Defense > What You Should Know About DUI Jail Release

What You Should Know About DUI Jail Release


Immediate jail release might be the most important, and most overlooked, component of a DUI defense. Pretrial detention basically transforms the presumption of innocence, the cornerstone of all criminal defenses, into a presumption of guilt. Incarcerated defendants have only limited contact with their attorneys. This limit makes a thorough pretrial investigation almost impossible. Furthermore, many defendants want to get out of jail so badly that they’ll agree to anything or sign anything.

For a Leesburg criminal defense lawyer, this first step is the most important step. However, many other important steps follow. Jail release sets up a successful criminal defense, but it certainly doesn’t guarantee one. Attorneys must also identify procedural defenses, like Fifth Amendment violations, and evidence problems, like an improperly calibrated Breathalyzer, and press these defenses in court and around the negotiating table.

Initial Release

Simple DUI is a straightforward and nonviolent crime. Therefore, in most cases, all three forms of pretrial release are immediately available.

  • Pretrial Release: If the defendant is a first-time offender, OR (own recognizance) release is usually available. Typically, if the defendant promises to appear at trial and follow a few other rules, the sheriff releases the defendant.
  • Cash Bond: This kind of pretrial release is rare in DUI matters. Posting a cash bond is like paying a security deposit. If the renter returns property in good order (or the defendant toes the line during the pretrial period), the owner (or in this case, the sheriff) refunds most of that money.
  • Bail Bond: Bail bonds are usually available regardless of the defendant’s criminal history, and also regardless of the nature of the new charges. Most bonding companies charge a 10 or 15 percent premium to issue a bond.

Pretrial release of any form may be initially unavailable in complex DUI matters, such as DUI-collision charges.

A Leesburg criminal defense lawyer often has considerable influence during the pretrial release process. OR release is a good example.

Usually, any criminal conviction, no matter how old, torpedoes OR release eligibility. Attorneys informally advocate for defendants in these situations. If the prior conviction was more than ten years old, occurred in another jurisdiction, or was completely unrelated to the current charges, most pretrial release boards give the matter further consideration.

Conditions of Bail

Common release conditions include reporting to a supervision officer, remaining in the county, and avoiding further run-ins with the law. Additionally, DUIs usually include offense-specific conditions, such as IID installation.

An ignition interlock device is essentially a portable Breathalyzer that a mechanic attaches to the vehicle’s ignition. If the driver’s BAC is above a certain level, usually .05, the vehicle won’t start. Additionally, if the driver doesn’t provide rolling samples while the vehicle is in motion, the vehicle won’t restart.

IIDs require ongoing maintenance and calibration. The defendant is financially responsible for all IID costs, including installation, monitoring, and removal.

Voluntary remediation is important during this time as well. For example, most courts order DUI defendants to obtain alcohol evaluations. If the defendant voluntarily does so, that initiative looks very good during sentencing.

Reach Out to a Hard-Hitting Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a free consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.

Facebook Twitter LinkedIn
MileMark Media

© 2023 - 2024 Simms Showers, LLP. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

x Which Newsletter are you interested in? *