While most DUI or drunk Driving arrests in San Diego County do not require that bail be posted to be released from custody there are specific situations that do require that bail be posted.
Felony DUI
The first of those situations happens when a person is arrested for Driving Under the Influence causing injury. This is codified under section 23153 of the California Vehicle code. The code section states:
- It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.
- It is unlawful for any person, while having 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after driving.
- In proving the person neglected any duty imposed by law in driving the vehicle, it is not necessary to prove that any specific section of this code was violated.
- It is unlawful for any person, while having 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210, and concurrently to do any act forbidden by law or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately auses bodily injury to any person other than the driver. In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of performance of a chemical test within three hours after driving.
Maximum Enforcement
The second situation where bail may be required occurs during those "maximum enforcement" periods. During these times of the year even though your arrest did not involve injury to anyone you must either stay in jail or post bail. These periods occur during times like memorial day weekend and the Christmas holiday etc. The third situation where bail may be required occurs when a person has been previously convicted of DUI. There are numerous bail bond providers located throughout San Diego County and their phone numbers can be found in various locations.
Out of County Residency
While this is self-explanatory it usually happens to those serving in the military or the unfortunate tourist on vacation.