How to Stay Safe During the Holidays

What is DUI bail? 

A DUI bail is like any bail. After being arrested for a DUI in Tennessee, or any state, you are incarcerated until a judge sets bail at your arraignment. They will set bail based on the crime, previous arrest record, and other factors that may have an influence on the judge. 

You may post bond yourself if you have the cash, or you can call family or friend to post bail with a bondsman or call an attorney. Sometimes, with a DUI it isn’t very frequent, you could be released on your own recognizances in lieu of posting DUI bail. 

How common is getting a DUI?

Unfortunately, there seems to be an increase for DUI bail and the holidays. It is the time of year where we have gatherings and attend parties.  This is the time of year people are drinking to celebrate the holiday or to drown their sorrows. Some of us know when to call it quits and go home or get a ride home. Some of us don’t know when or don’t’ realize that we’ve had enough to drink to be considered intoxicated. 

Do you have to get bailed out for a DUI?

Tennessee has harsh DUI laws and if you are pulled over for DUI suspicion, you can be fairly sure you’re getting arrested, even if you pass a breathalyzer test. The punishments for DUI in Tennessee are severe, even a first-time DUI arrest could get you 12 months behind bars. 

 A bail bondsman or attorney may be able to get you released by posting a DUI bail if the sheriff agrees to the request before you see a judge.  The 

presumptive amount is typically $1,500 for a misdemeanor and a felony DUI starts around $2,000. Other charges could be added such as a child passenger withy you or an open container. 

Most  Tennessee households do not have $1,500 set aside for unexpected emergencies like DUI bail. This is where having an attorney represent you is helpful.  They will request a DUI bail adjustment hearing. The factors the judge will consider in DUI bail reduction are: 

• Offense Severity: If an accident, injury, or death involved, or other crime committed while under the influence. 
• Criminal History: If the person has a criminal history, how old the criminal history, is the current related to any of the past criminal activity, etc. 

Tennessee judges have great amount of discretion at this DUI bail hearing. Having assertive legal representation is crucial for a successful outcome.

How long can they hold you in jail for a DUI?

In Tennessee, the minimum sentence for a DUI Class A misdemeanor charge is forty-eight hours to 11 months and twenty nine days for a first time offence. There are court costs and fines to be paid, community service to be served, and loss of license for one year. 

A second DUI conviction is given a minimum of forty-five days in jail and up to eleven months and twenty-nine days. Court costs, fines, and community service are given as well as a loss of driver’s license for two years. 

The court cost and fines for both of these instances is in addition to the DUI bail bond posted. There are obligations to the bail bondsman that will need to be paid, as well as any fees the attorney charges. 

How a DUI affects your life?, Is getting a DUI a big deal?

Yes, a DUI is a big deal and will seem to be never ending. Unfortunately, the arrest, arraignment, court costs, fines, and DUI bail are just the tip of the iceberg. As we mentioned, there are fees to be paid to the bondsman that issued the DUI bail, if you have an attorney, there will be those costs to pay. These are all monetary and nothing compared to what is to come in long-term shock wave. 

• Loss of Driver’s License – A DUI conviction in Tennessee will result in revoked driving privileges for as little as 12 months up to 2 years, possibly permanently. This can make your daily life like going to work, the store, taking your kids to school and activities challenging. 
• Background Check – Today, more employers conduct credit and criminal background checks before hiring. A DUI conviction will appear either as a misdemeanor or felony, taking away your opportunity for a job with a future. A criminal background check can affect college admission and financial aid, housing applications, and more. 
• Employment – Depending on your job, a DUI conviction can limit your ability to do your job between no longer licensed to drive and the time you’ll need to attend appointments and court dates, the required community service, and more. 
• Auto Insurance – You can expect your DUI conviction to cause your auto insurance to increase as you will now be labeled a high risk. You could even lose your policy. 
• Professional Relationships – A DUI arrest can affect the way your coworkers, employers, clients, and vendors see you. Some may choose not to associate with you. 
• Personal Relationships – This could be the most painful result with a DUI arrest or conviction. First, your family will be under strain from the financial repercussions. Other family members and your friends may not be comfortable associating with you, making you feel embarrassed and ashamed. You may start having resentful feelings toward everyone and become reclusive, not associating with anyone.  

Can a DUI be dropped?

No, not in the state of Tennessee. A DUI arrest and conviction is on your record the rest of your life. However, most employers, schools, etc. typically consider only the most recent 10 year period for a first time offense.