One of the most frightening parts of being arrested for DUI is being sent to jail. In most DUI arrests, law enforcement will hold the driver in jail for a short period of time before they appear in court. Most individuals arrested for a DUI will leave jail the day of or the day after their arrest. The amount of time you stay in jail for your DUI depends on the details of your situation.
If you or a loved one has been arrested for impaired driving, you’re probably wondering, “How long do I have to stay in jail after a DUI arrest in Los Angeles? Fortunately, a Los Angeles DUI lawyer can provide the information you need to understand DUI jail time and avoid a conviction that could result in imprisonment.
How Long You Have to Stay in Jail After a DUI Arrest in Los Angeles
How long you have to stay in jail after a DUI arrest in Los Angeles depends on several different factors. If police are able to process your charges quickly, you could be released the same day you are arrested.
Your chances of being released the same day are better during the daytime because more personnel are on duty at the station. That said, police are not usually in a hurry to process your charges and get you out of jail. Even when they have everything they need from you, it can take up to four hours to actually be released.
In many cases, you will be held overnight and released the next day. This is most common if you are arrested during the evening or at night. Unfortunately, this is when most DUI arrests occur. The police are under no obligation to release you until morning.
Either way, you can be out within 24 hours of your arrest. If no bail is required, they will release you on your “own recognizance.” This means you are free to go as long as you formally promise to return to court when scheduled.
Bail Impacts How Long You Have to Stay in Los Angeles Jail After a DUI Arrest
How long you have to stay in jail after a DUI arrest in Los Angeles also depends on whether you need to pay bail to be released.
In some cases, the jail staff will determine you cannot be released without bail. This will depend mainly on your criminal record. According to the bail schedule for misdemeanors, bail for Los Angeles DUI cases starts at $5,000 but can be much more.
Bail is money you give to the court as a guarantee that you will return. If you return, they give the money back to you even if you’re found guilty. Most individuals have to borrow money to make bail. This is known as a bail bond. Usually, you will have to pay a 10% fee on a bail bond. So, if bail was set at $5,000, you would pay $500 to the bail bond company.
What Happens Before You Are Put in Jail for a Los Angeles DUI
Understanding what happens before you are put in jail for impaired driving is just as important as knowing how long you might have to stay in jail for a Los Angeles DUI arrest.
In almost all DUI cases, once you are arrested, the police will take you to a police station or Sheriff’s station for processing. The only exception is if you were injured in a DUI crash. In that case, they will take you to a hospital instead. You will still have to face the legal process associated with DUI, but you will receive medical treatment first.
Once at the station, the police will carry out several steps:
- Order you to take a blood or breathalyzer test
- Advise you on your rights
- Question you about the incident
- Take away your driver’s license, give you a temporary license, and advise you that the DMV will suspend your license under the administrative per se program unless you contest it within 10 days
It’s important to note that there are consequences for refusing to take a blood alcohol test. If you want to avoid additional penalties, you’ll want to cooperate with the police. Once you’ve been discharged from their custody, a skilled attorney can help you fight your DUI charges.
Jail Is Not the Same As Prison
When police put you in jail after a DUI, it’s different from serving prison time as one of the consequences for a DUI conviction. DUI jail time is often much shorter and doesn’t require a trial or conviction.
Once you are arrested, the officer may put you in a jail cell at any point. Be aware that a local jail is not a prison. It is a small facility that holds people only temporarily. Local jails are considered “nicer” than state prisons because:
- Most of the individuals held there are in for minor charges and are not hardened criminals
- Local jails have a reputation for being safer
- You are close to your family and community, not hours away
That said, there’s nothing nice about spending time in jail. You have no privacy and few luxuries, and the experience is uncomfortable and intimidating. The less time you spend there, the better. Plus, the longer you stay, the less time you have to get a DUI attorney before your arraignment.
What if I Don’t Show Up for Court?
If you fail to appear in court, the courts keep your bail money, and you will have to repay the bail bond company out of pocket. Making bail sounds intimidating, but it’s easy. A family member can call a bail bond company and get it done in less than 30 minutes. A lawyer can also help you if you cannot make bail or if bail is denied to you.
Will I Stay in Los Angeles DUI Jail Longer if I Have a Warrant for Another Crime?
Whether criminal warrants impact how long you have to stay in jail after a Los Angeles DUI arrest depends entirely on the type of warrant. If you’re accused of other crimes that are more dangerous, law enforcement officers could hold you for longer. You may also stay in jail longer if the police think you’re a flight risk.
A flight risk is someone who police suspect will not come back to court as promised. A flight risk could leave the area or even the country to avoid going to trial. Since fleeing charges is practically an admission of guilt, it’s better to face the court with a lawyer and fight back.
What Else Could Keep Me in Jail?
As you might expect, the police will not let you out of jail until you’re sober. If you were intoxicated at the time of your arrest, you will have to wait until your system is clear of alcohol. This is why county jails are sometimes called “drunk tanks.”
Also, if you act violently toward the police or fail to comply with their orders, they could hold you for longer, especially if what you do meets the level of a crime. Each additional charge requires more processing and more time spent in jail.
Instead of lashing out against arresting officers, it’s best to be polite and comply. Doing so could decrease the amount of time you have to stay in jail after a DUI arrest in Los Angeles.
How a Los Angeles DUI Lawyer Can Help You
There are several steps an attorney can take to help you during the DUI legal process. Here’s what an experienced lawyer can do to help you avoid consequences like fines, license suspension, and imprisonment:
- Conduct an investigation
- Gather evidence, such as police reports, blood alcohol content (BAC) test results, dashboard camera footage, and witness testimony
- Use evidence to build a DUI defense strategy
- Negotiate a DUI plea bargain with prosecutors
- Fight to get your charges reduced or dropped
- Ensure your rights are protected at every step of the legal process
- Represent you during hearings and court dates
- Determine how long you have to stay in jail after a Los Angeles DUI arrest
- Increase your chances of avoiding prison time and other consequences
Learn More About How Long You Have to Stay in Jail After a Los Angeles DUI Arrest
The first thing you should do when released from jail is talk to a DUI lawyer. Time is an important factor in situations like this, as you’ll have only 10 days to fight for your driver’s license, and as little as a week to plan for your first court hearing.
Fortunately, a Los Angeles DUI attorney can provide the information and resources you need to protect your driving privileges and fight your charges. Contact us today to schedule a free consultation and learn more about how long you have to stay in jail for a DUI arrest in Los Angeles.
