Blog Layout

Pretrial Release in DUI Cases: A Complete Guide

Amanda Chotes • Jul 23, 2022

In the late 1980s, officials at all levels of government launched a campaign to take “drunk drivers” off the road throughout the US and Montgomery and Robertson, Tennessee counties. DUI checkpoints and a lower BAC level were two main linchpins of this campaign. From one perspective, this campaign failed. The percentage of alcohol-related crashes is about as high today as it was back then. From another perspective, this campaign worked. The number of drunk driving arrests skyrocketed in the 1990s and Fizer Bonding Company bail bondsmen got your “tail outta jail” fast!

In some parts of the country, the number of DUI arrests has dropped recently. But not in Montgomery County. Despite coronavirus lockdowns in the first half of the year, DUI arrests doubled in 2020. So, if you drink and drive, there’s a good chance “John Law” will take you off the road, at least temporarily, until you or a loved one can call Fizer 24/7 at (615) 667-1109 to get you out of jail quickly and affordably .

Most DUI cases are first-time offenses, and most DUI defendants are white men in their 30s or 40s who have never been in trouble before. Tougher laws were part of the aforementioned DUI crackdown, and these tougher laws often take some people by surprise. Making matters worse, since most DUI defendants have no criminal record, they have little or no idea what to expect.

Public safety concerns make the pretrial release issues in these cases very complex, for both defendants and for a Fizer bail bondsman near you. The law imposes some additional hurdles. So, if you are arrested for DUI, only an experienced Clarksville, TN bail bondsman from Fizer Bonding Company has the expertise to quickly get you out of jail. Furthermore, only an experienced legal professional gives you the tools you need to stay out of jail. This is why a lawyer has the best chance to successfully resolve the charges when you have been arrested and released on bond.

Presumptive Release

Most DUI cases are one-charge cases. Authorities charge the defendant with DUI, or perhaps enhanced DUI, and nothing else. Usually, the sheriff sets presumptive bail amounts in these cases. These presumptive amounts are a little like menu prices at a restaurant. The fancier or bigger the dish, the higher the price. Likewise, presumptive bail amounts are lower in less serious misdemeanors and higher in more serious felonies.

We use the term “presumptive amount” because a lawyer can often reduce the bail amount at a subsequent hearing. More on that below.

For now, let’s focus on immediate release, because that’s what most people want. There are basically two kinds of presumptive release bail in a DUI:

  • Cash Bail : If the defendant puts up the entire amount ($2,500 or whatever), the sheriff releases the defendant. When the case is resolved, the defendant gets most of this money back. In the meantime, cash bail individuals are completely on their own. They must comply with all conditions with no help from anyone.
  • Bail Bond : For only a 10% percent fee , a Fizer Clarksville bondsman files an insurance policy with the county. The company agrees to pay the penalty if the defendant doesn’t fulfill all bail conditions, and in return, the sheriff releases the defendant. So, a bail bond is usually better than a cash bond. It’s cheaper, and defendants get a partner with Fizer Bonding Company to help them through the pretrial release process in Montgomery and Robertson counties.

OR (Own Recognizance) bail might be available in a few DUI cases. However, because of the aforementioned public safety concerns, OR release is usually unavailable.

Bail Reduction Hearing

Some DUIs are multi-charge cases. For example, if Jake hits another car and kills two people, authorities will probably charge him with two counts of DUI-manslaughter. Usually, sheriffs don’t set presumptive bail amounts in these situations.

Incidentally, in a serious injury or death situation, you can throw that $1,500 bail figure out the window. Presumptive bail in a serious case, is usually set at least fifty times higher than the normal amount.

 In these matters, a lawyer typically schedules a bail reduction hearing. This hearing, which usually happens about three days after the arrest, is based on the Eighth Amendment’s requirement of reasonable bail in criminal cases. To determine what’s reasonable in a given situation, the judge usually examines a number of factors, including:

  • Severity of the offense,
  • Defendant’s criminal record,
  • Amount of evidence against the defendant,
  • Defendant’s contacts with the community,
  • Defendant’s ability to pay bail, and
  • Defendant’s ability to flee the jurisdiction.

Frequently, the lawyers settle these matters out of court. For example, prosecutors might agree to a low bail amount if the defendant agrees to an advanced IID (Ignition Interlock Device).

Common Conditions

An IID, or ignition interlock device, is one of the most common bail conditions in Tennessee DUI cases. And, the defendant is the person responsible for paying for the device and installation. 

A mechanic attaches an IID, which is also known as a blow-and-go, to the vehicle’s ignition. The defendant must provide a breath sample to start the car. If the sample is above a preset limit, usually .04, the IID disables the ignition. Furthermore, when the car is in motion, the defendant must submit periodic rolling samples. Too many rolling refusals, or a rolling failure, disable the ignition, so the car won’t restart.

Some simple adjustments, like a higher BAC limit or a lower rolling sample requirement, make these gadgets a lot easier to live with. Fizer Bonding Company can usually make a referral or arrangements in this area.

Many judges also add an alcohol evaluation requirement. It may seem strange, but non-alcoholics usually have the hardest time completing these evaluations. If a counselor asks Ben if he has a problem with alcohol and Ben says “no,” the counselor might believe Ben is in denial. Once again, a bondsman connects defendants with counselors who help them with these and other issues. 

All bonds have some generic conditions, such as remaining in the county, checking in with an agent, keeping current contact information on file, and stating out of legal trouble.

Dealing with Bond Forfeiture Issues

Frequently, an ounce of prevention is worth a pound of cure in this area. If a bail bondsman near you tailors conditions within the law, the chances of bond forfeiture drop significantly. For example, if Mike’s brother lives in Robertson County, a bondsman or attorney from that area can often help, in asking the judge to modify or eliminate the no-leaving-town requirement.

Additionally, defendants who immediately address problems rarely have to go through the bond forfeiture process. A missed check-in usually isn’t a major deal, unless the defendant makes excuses instead of making it right.

Briefly, if a defendant violates any bail condition, the judge could forfeit the bond and issue an arrest warrant. So, the defendant is subject to rearrest at any time. It’s usually best for defendants to voluntarily surrender in these situations. The rearrest process usually doesn’t take too long if the defendant surrenders in the middle of the day and in the middle of the week when access to regular working hours and staff is available.

For a DUI bail bond or more information about the bail bond process , contact the Montgomery County bail bonds agents at Fizer Bonding Company. Our bondsmen are available 24/7 and our family owned business respects your privacy and our bond agents treat you with respect. More value added FREE information can be found in our online articles.

“We’ll get your tail outta jail!”

Fizer Bonding Company Montgomery County Tennessee

Fizer Bonding Company Robertson County Tennessee

**Disclaimer**Be advised that www.fizerbailbonds.com or Fizer Bonding Company LLC is not an attorney or law firm and does not provide legal advice. If you are seeking legal advice consult with a competent attorney in your jurisdiction. www.fizerbailbonds.com provides information only and the site may include inaccuracies or typographical errors. No guarantees are made and the use of the website, content, and any information provided is at your own risk. 

By Amanda Chotes 14 Aug, 2022
Fizer Bonding Company helps dozens of people every week get out of jail quickly and affordably in Montgomery and Robertson counties. They also keep their eyes on what is going on nationwide affecting people as they defend themselves in the legal system. Quick and easy bail release is a critical component to a person being […] The post High Police Turnover is Affecting Criminal Cases appeared first on Fizer Bail Bonds.
By Amanda Chotes 18 Jul, 2022
So far, it’s been a busy year for Fizer Bonding Company in Roberston and Montgomery county Tennessee. Although Covid-19 illness is still with us, the world wide pandemic shut down is behind us.  Inflation is raging, the Supreme Court overturned Roe vs. Wade, and Khloe Kardashian turned 38 years old (for those who are counting). […] The post July is the New January appeared first on Fizer Bail Bonds.
By Fizeradmin 24 Jun, 2022
You just asked a mouthful. The official dictionary definition of reasonable doubt in Tennessee, and we aren’t kidding about this, is “the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.” Wow, this is a very powerful definition statement, that just begs for Fizer Bonding Company, “getting […] The post Beyond a Reasonable Doubt: What Does It Really Mean? appeared first on Fizer Bail Bonds.
By Amanda Chotes 20 Jun, 2022
We all know the importance of getting out of jail quickly when the handcuffs go on. The Fizer Bonding Company family owned and operated bail bondsman, have been helping everyone, from rich and poor, to young and old, bond out of jail in Robertson and Montgomery counties Tennessee, for over 40 years. We also know […] The post Supreme Court Forces TBI to Follow Expungement Order appeared first on Fizer Bail Bonds.
By Amanda Chotes 30 May, 2022
The lock down is over and the mask mandates are gone. Summer is on the horizon and Fizer Bonding Company, premier provider of bail bonds in Robertson and Montgomery counties, wants to wish everyone a 2022 Happy Memorial Day. The start of summer is a great time to pop a cold one and get the […] The post Drink, Drive, Go to Jail? appeared first on Fizer Bail Bonds.
By Amanda Chotes 13 May, 2022
A trio of bills currently pending in the state legislature could significantly affect the criminal justice process in Montgomery County. Fizer Bonding Company, serving clients throughout Montgomery and Robertson counties, is watching these bills closely as they could potentially impact citizens needing to get out of jail quickly with their local Fizer bondsman. According to […] The post Lawmakers Mull Criminal Justice Reform appeared first on Fizer Bail Bonds.
By Amanda Chotes 29 Apr, 2022
Fizer Bonding Company, which serves bail bonds in Montgomery and Robertson counties, understands that there are things happening in the community that are difficult to talk about. Some of these things are unfortunate and often lead to incarceration and the need for bail bond services. Officials at the Nashville Downtown Detention Center had few answers […] The post  Five Overdoses in Four Days at Nashville Jail appeared first on Fizer Bail Bonds.
By Amanda Chotes 29 Mar, 2022
Law and Order is a popular TV show that is still shown in reruns, but the subject on the TV show usually has little to do with law and order. McGarnickle, a beloved yet obscure bit character on The Simpsons, is a good example. This McGarnickle clip is based on this Dirty Harry clip. McGarnickle […] The post Search Warrant Exceptions Go to the Movies appeared first on Fizer Bail Bonds.
By Amanda Chotes 17 Mar, 2022
America’s War on Drugs probably had its most surreal moment in 1970, when Elvis met Nixon. Even more surreal than the 1980’s Reagan era “Just Say NO” movement. The King of Rock and Roll wanted President Nixon to make him an undercover federal marshall, since according to Elvis, he was familiar with “the drug culture” […] The post The Three Ps of Drug Possession Cases in Montgomery County appeared first on Fizer Bail Bonds.
More Posts
Share by: