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Being arrested for a crime in Florida does not automatically mean you’ll be behind bars for an extended period of time. You can secure your release from jail with most offenses by entering a bail agreement. This agreement is a contract in which the court releases you until trial after you pay the court a certain amount of money and agree to a few conditions. If you follow the terms, which include showing up to court as scheduled, the court will return the money after the trial.
If you’ve been arrested for driving under the influence (DUI), you may be wondering, “How much is bail for a DUI in Florida?” The amount can vary depending on the circumstances of the arrest, the county where you were arrested, and other factors considered by the court.
Setting bail is mostly a win-win for the state’s criminal justice system and the accused: It prevents further overcrowding in prisons, provides the defendant with freedom before the trial, and, in most cases, guarantees the accused's appearance in court.
If you’ve been arrested for driving under the influence (DUI), you’re facing serious penalties. A first conviction carries a jail sentence of up to six months and a fine of up to $1,600.
A second conviction can lead to a 12-month jail sentence and up to a $3,000 fine. The fines will substantially increase if a minor child is in the vehicle. A DUI can also mean a license suspension or revocation and the impoundment of your vehicle.
In most cases, individuals arrested for DUIs will have the opportunity to post bail.
There is not just one set bail rate for a DUI offense. The amount you pay for bail will vary depending on the number of previous DUI offenses you may have had. If you are charged with felony DUI (your third DUI within a decade or your fourth DUI altogether), a judge will use his or her discretion to set the bail amount.
| Offense Tier | Bail Range | Bondsman Fee (10%) |
| 1st DUI | $150 to $5,000 | $15 to $500 |
| 2nd DUI | Up to $7,500 | Up to $750 |
| 3rd DUI (not within 10 years) | Up to $15,000 | Up to $1,500 |
| Felony DUI (3rd in under 10 years or 4th+) | Set at judge’s discretion and typically runs higher | 10% of the bond that runs at the judge’s discretion |
How much is bail for a DUI in Florida? The first-time DUI offender can anticipate bail to range from $150 to $5,000. If you go through a bondsman, your out-of-pocket cost for a $500 to $1,000 bond will run from $50 to $100, or 10% of the amount set by the court.
If you’re looking at a second offense, bail could be as much as $7,500 (or $750 to a bondsman). A third offense may result in a bail sum as high as $15,000 or $1,500 to the bondsman. The presiding judge has essentially unlimited discretion to set a bond he or she deems appropriate based on the facts of the case.
The law instructs the court on which factors to consider when determining whether to release an arrested individual on bond. As provided in Florida Statute 903.046, they include:
A first-time DUI offender, for example, may receive less harsh bail terms if they have no criminal record and are an established community member, in contrast with an individual previously convicted of a DUI that involved a crash resulting in injury or death of another.
If you are arrested for a DUI in Florida, your bail hearing usually occurs within 24-48 hours. The judge first decides whether you qualify for release, then sets the bail amount and any specified conditions.
Bail hearings move fast, which is why having a criminal defense attorney matters. Without one, defendants sometimes face higher bail amounts or stricter conditions than the circumstances warrant.
You can secure your release if you can afford to pay the bail amount with cash or through a bail bondsman. If bail is set too high or was not offered, or if the terms are unreasonable, your attorney can request an emergency hearing to modify the amount.
As long as the hearing goes smoothly, you may be released a couple of hours after posting bail. However, depending on the amount of alcohol detected with the blood alcohol concentration (BAC) test, they may hold you for a mandatory eight hours.
Courts set bail amounts to ensure the accused appears in court. However, the terms are often unreasonable. A criminal defense attorney can attempt to modify the amount or other conditions through an emergency bond reduction motion.
At the emergency hearing, both your attorney and the prosecutor may present evidence to the judge regarding the reasonableness of the bond.
A bail bond may require other conditions determined by the judge in addition to agreeing to appear in court. These conditions may include drug testing and travel restrictions. A violation of any condition could result in forfeiting the bond and an arrest warrant.
When a condition is violated, it may not be a panic situation. With a DUI attorney on your team, a court might be persuaded to offer another chance. However, if a second chance cannot be worked out with the court, you could also forfeit collateral used to secure the bond with the bail bondsman.
Typically, bail for a DUI arrest can be covered with one of three options: cash bail, bail bond, or property bond. Here’s more detailed information about each of these three types of bail:
Release on your own recognizance (ROR) is a second option for release after a DUI arrest, which does not require posting bond. If you’re discharged on ROR, you typically need only sign a document agreeing to appear in court at all of the scheduled dates and times.
The judge will use the same factors to determine your eligibility for ROR as they would for bail. Being released on ROR may come with conditions similar to those of a bail release, such as a curfew, substance abuse testing, and electronic monitoring.
A DUI lawyer like The Denson Firm will help you understand your options when it comes to posting bail for a DUI arrest. Contact our St. Petersburg office if you’ve been arrested for a DUI and need a trusted DUI attorney to lead you through the entire legal process, including posting bail.
The bail process for a DUI in Pinellas County is a complex and confusing one. You’ll be booked and processed at Pinellas County Jail, where you will be put in a sobering hold until your blood alcohol level drops below 0.05. The first appearance hearing will be held within 24 hours of booking. Here, a judge will set the bail amount, which is typically pre-set at $1,000 for a first misdemeanor. You can pay that bail in cash or by electronic bond payment. If you use a licensed bail bondsman to pay the bail, you’ll have to pay a non-refundable 10% fee.
If you’re not a legal expert, you might find yourself overwhelmed by the bail process. That’s why it’s important to have legal representation at the bail hearing stage. A trusted DUI lawyer can help you through the bail process, making sure your rights are protected and that you are treated fairly while your bail is processed. There will come a time for an attorney to defend you from DUI charges, but before then, your attorney will help explain the bail process and the next steps in your DUI case.
Contact The Denson Firm for immediate help after a DUI arrest in St. Petersburg or elsewhere in Pinellas County.
In many counties in Florida, bail can be posted seven days a week, 24 hours a day. But you may not be released for at least eight hours, depending on the amount of alcohol in your system.
A bondsman will need your personal information, including your name, date of birth, and address, along with information regarding your employer, the charges, and the bail amount.
Perhaps the most vital details must be provided related to the arrest, including the charges and the name of the jail. A bondsman must be able to locate you in the system.
Some bail bondsmen will work with their clients through payment arrangements or alternative financing options.
The most common forms of collateral are real estate, car titles, stocks, assignable 401k, art, jewelry, machinery, and cash.
Yes, they can. They may require that you stay in the local area and regularly report your whereabouts and any updates.
An unsecured bail bond allows your release from jail without posting money. Like ROR, you will sign a contract agreeing to attend your trial as scheduled. Failure to appear in court could result in posting the entire bail amount.
Some courts may allow you to use a credit card, though others may only accept cash or another form of payment.
Florida requires a mandatory stay of eight hours minimum following a DUI arrest. You will not be released until your blood alcohol level drops below 0.05.
Your bail amount will vary based on the number of previous offenses you may have had and if you caused any injuries or damage as a result of your impairment. For a misdemeanor first-offense DUI, the typical total bail range is between $500 and $2,000.
Typical penalties for a first-time DUI are fines anywhere between $500 and $1,000, probation of up to 12 months, a 6-to-12-month license suspension, a minimum of 50 community service hours, and mandatory completion of DUI school. Jail time is usually avoided, but may be included up to six months if an accident is involved.
If you use a bail bondsman, you will just have to pay the 10% bail bondsman fee, which is $2,500 in this case. If you pay the court in cash, you would pay the full $25,000 up front.
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