How Much is Bail After a DUI or DWI in NJ?

Historically, bail represents how money and wealth can impact a criminal defendant’s freedom in the American justice system. In the past, if you could not pay bail, you had to await your trial from a jail cell. Today, cash bail in New Jersey still exists, but it is no longer the preferred method of bail it once was. Even so, when cash bail is imposed, it may be more than some defendants can afford.

The cost of bail may vary from case to case. If a judge imposes cash bail, the cost may depend on the nature of the alleged offense and whether the defendant is a flight risk. However, non-monetary bail conditions are preferred, and arguably most criminal defendants in New Jersey do not have to pay any money. Even so, that does not mean there are no restrictions. An attorney can work with you to obtain a fair bail, allowing you to return home to your family.

Receive a free initial case evaluation when you call our Atlantic City, NJ DUI and DWI defense lawyers at the Lombardo Law Group at (856) 281-9600.

The Cost of Bail in NJ DUI or DWI Cases

When a criminal defendant is granted bail, they may have to pay a certain sum of money to the court to secure their pretrial release. The exact cost of bail depends on several factors. Our NJ Dui and DWI defense lawyers can help you argue for affordable bail.

Generally, bail is supposed to be expensive. When a significant amount of money is at stake, defendants are more likely to cooperate with the court and attend all their hearings. However, the court may consider facts about the case and the defendant’s alleged behavior when setting bail.

First, was anyone hurt? When a DUI or DWI involves serious injuries, courts are more likely to impose higher bail costs. It is not unusual for cases of severe DUI accidents to involve steep bail costs.

The court will also consider whether this is your first or a subsequent DUI or DWI. First-time offenders tend to be given a bit more benefit of the doubt, and they may have lower bail costs. If the case is relatively ordinary, a first-time offender could be released without having to pay anything. Repeat offenders are much less likely to receive the same leniency.

Non-Monetary Bail Options for DUIs and DWIs

While bail has historically involved some form of monetary payment, bail reform laws in somewhat recent years have changed the way that defendants may secure pretrial release.

Currently, in New Jersey, bail reform laws tend to disfavor cash bail. Many defendants facing various charges are arguably more likely to face non-monetary bail restrictions. In fact, cash bail is usually imposed only if other, non-monetary restrictions are found to be insufficient to ensure the defendant’s appearance in court.

When imposing bail restrictions, the court may consider whether the defendant is a flight risk and whether they pose a threat to the community. Generally, if the judge believes that a defendant will return to court under certain bail restrictions, they may find no need to impose cash bail.

Examples of non-monetary bail restrictions include curfews, maintaining employment, staying away from certain people connected to the case, and limitations on leaving the county or state, among others.

Can I Be Released Without Bail for a DUI or DWI in NJ?

Bail may involve a broad spectrum of requirements and restrictions. Some defendants are granted bail with minimal restrictions, and others are almost totally unrestricted.

In a way, you may be released without bail. Defendants may be released on their own recognizance (ROR) on the promise that they will return to court. They do not have to pay any money, and there are usually no significant restrictions on their behavior or movements.

ROR is typically reserved for first-time and non-violent offenders who are likely to appear in court. Many people are released on ROR, including DUI and DWI defendants.

Consider the facts of your case. If this is your first DUI, nobody was hurt, and your blood alcohol concentration was not shockingly high, you may have a good chance of being released on your own recognizance.

What if I Cannot Afford Bail for a DWI or DUI?

If you are worried about affording expensive bail, talk to your attorney before your bail hearing. They can help you determine what kind of bail you are likely to face and how to argue for more lenient bail conditions.

The judge may consider your inability to pay bail when they decide what kind of terms and conditions to impose. If cash bail is enforced, the court may make your bail something you can afford, or you might only have to post a percentage of the total bail amount.

In many cases, whether or not the defendant can afford bail is not important, as cash bail tends to be disfavored unless other non-monetary restrictions are insufficient to ensure the defendant’s appearance in court.

What Happens if I Skip Bail for a DUI or DWI in NJ?

If a defendant fails to appear in court after being released on bail, they may face serious consequences for skipping or jumping bail. In many cases, the defendant will be rearrested and brought back to court, where the judge can alter or even revoke bail. In other words, you could be sent back to jail.

A common condition of bail in DUI or DWI cases is restrictions on alcohol. If you are stopped for another DUI or DWI while out on bail for an existing DUI or DWI, you are unlikely to be released again.

If you paid a percentage of the total bail, you may have to pay the rest if you fail to show up for court. If you paid the entire amount, you will not get that money back.