Bail After a DUI Arrest in California

Most people arrested for DUI in California are booked into jail, held until they are sober, and then released, either on a written promise to appear or after bail is posted. Which one depends on the county's bail schedule and the details of the arrest, like prior DUIs, injuries, or other charges. Separately, the driver usually has only 10 days to ask the DMV for a hearing about their license, and that deadline is easy to miss in the stress of getting someone home.

What usually happens right after a DUI arrest

A DUI arrest generally doesn't end with a ticket at the side of the road. California Vehicle Code section 40302(d) lists an arrest for violating Vehicle Code 23152 (the main DUI statute) among the cases where the person is taken before a magistrate instead of simply being given a field citation. In practice, that usually means a trip to the station or county jail for booking: fingerprints, photos, property, and a records check.

California's cite-and-release law (Penal Code 853.6) also lets officers keep someone in custody while they are too intoxicated to be safe, or while they need medical care. So even when a release is coming, it often doesn't happen until the person has had time to sober up. That's normal, and it's one of the most common reasons families wait longer than they expect.

If you're not sure where your loved one was taken, our guide on how to find someone in jail in Southern California walks through the inmate search tools for each county.

Can someone be released without paying bail?

Often, yes, especially for a first-time misdemeanor DUI with no injuries. Each county's judges adopt their own bail schedule every year (Penal Code 1269b), and some schedules now let certain misdemeanors be released on a signed promise to appear instead of bail.

One example: Riverside County's 2025 Felony and Misdemeanor Bail Schedule places a misdemeanor DUI under Vehicle Code 23152 in its "Cite and Release" category, meaning the person signs a promise to appear in court rather than posting bail. A misdemeanor DUI with one or more priors is listed as "Book and Release," which also doesn't require bail. Other counties use different schedules, and these categories can change, so always check the current schedule for the county where the arrest happened.

There are exceptions even in counties with release categories. Riverside's schedule, for example, says those release categories don't apply when other factors exist, such as a prior failure to appear or another hold that would prevent release. Those cases are moved into a category where bail is set.

How bail is set for DUI vs. DUI with injury

California treats a DUI that causes bodily injury to someone else as a separate, more serious offense: Vehicle Code 23153. That's the single biggest factor in how bail is handled.

Misdemeanor DUI (VC 23152)

Most first and second DUIs are filed as misdemeanors. As described above, many counties allow release on a promise to appear for these, while others set a scheduled bail amount. Prior convictions, a very high blood alcohol level, a minor in the car, or a refusal to test can all affect how the case is charged and whether bail is set.

Felony DUI

A DUI can be charged as a felony in certain situations, such as when the person has multiple recent prior DUIs or a prior felony DUI. Under Riverside County's 2025 schedule, felony VC 23152 is listed at $20,000 in the "Pre-Arraignment Review" category, meaning bail is set and can be posted, and a judge reviews it if it isn't.

DUI causing injury (VC 23153)

DUI with injury can be filed as either a felony or a misdemeanor. Vehicle Code 23554 allows a first conviction to be punished by state prison or by county jail. Riverside County's 2025 schedule lists felony VC 23153 at $20,000 and, when filed as a misdemeanor, $5,000 in the "Book and Release" category. Under Penal Code 1269c, a judge can also be asked to set bail higher than the schedule before arraignment.

Keep in mind that a bail schedule is a starting point. After the first court appearance, a judge can raise, lower, or eliminate bail, or release the person on conditions. California's Supreme Court held in In re Humphrey (2021) that courts must consider a person's ability to pay when setting bail and can't keep someone in jail only because they can't afford it, and its 2026 decision in In re Kowalczyk added that judges should consider non-money release conditions first.

Common release conditions after a DUI

Whether someone is released on bail or on a promise to appear, a judge may attach conditions. In DUI cases these can include not driving without a valid license, not drinking alcohol, alcohol monitoring, or attending classes. The exact conditions depend on the court and the case. Whatever they are, follow them exactly. A violation can lead to a new arrest and a much harder time getting released again.

The DMV 10-day deadline: don't miss it

A DUI arrest starts two separate cases: the criminal case in court, and an administrative case at the DMV about the driver's license. Bail has nothing to do with the DMV case, but families helping someone after a DUI arrest should know about it.

When someone is arrested for DUI, the officer typically serves an order of suspension or revocation and sends it to the DMV with a sworn report. According to the California DMV, the driver has the right to request a hearing within 10 days of receiving that order. If they had a valid California license, the DMV says they may drive for 30 days from the date the order was issued, unless their license is already suspended or revoked for another reason.

Missing the 10-day window can mean losing the chance to challenge the suspension at a DMV hearing. If your loved one was just released, help them find their paperwork and make that request (or have their attorney do it) right away.

What families can do right now

1. Find out where they are. Get their full name, date of birth, and booking number if you can.
2. Check whether bail is set. The jail's inmate lookup or a call to a bail agent can tell you whether there's a bail amount or whether a release on a promise to appear is expected.
3. Expect some waiting. Sobering up, booking, and release paperwork all take time.
4. If bail is set, you can post the full amount in cash at the jail or use a bail bond. Bond premiums are typically 10% of the bail amount, based on rates filed with the California Department of Insurance, and payment plans are available. See how much a bail bond costs in California for more.
5. After release, note the court date, save the DMV paperwork, and talk to a criminal defense attorney.

Frequently asked questions

Will my loved one be released the same night?

It depends on how intoxicated they were, how busy the jail is, and whether bail is set. There's no guaranteed release time. A bail agent can check status for you.

Does posting bail affect the DMV suspension?

No. Bail deals only with getting released from jail and returning to court. The DMV license action is separate, with its own 10-day hearing request deadline.

What if there was an accident but no one was hurt?

The injury offense (VC 23153) requires bodily injury to another person. A crash with only property damage usually doesn't change the charge to a DUI with injury, though it can still affect how the case is handled.

This article is general information, not legal advice. For questions about your case, talk to a criminal defense attorney.

Need help now?

OnCall's licensed bail agents answer 24/7, in English and Spanish. We can check whether bail is set, tell you what to expect, and let you sign everything from your phone. Call (951) 339-3801 or start bail online.