When it comes to DUI enforcement, peace officers are currently in catch-up mode. When football teams fall behind and must play catch-up, they play much more aggressively. They pass more on offense and blitz more on defense.
Peace officers are in catch-up mode because the number of DUIs surged during and immediately after coronavirus lockdowns. Overly aggressive football teams make mistakes, as do overly aggressive police officers.
These mistakes usually include procedural errors. Profiling stops become more common, extensive DUI investigations become cursory investigations, and the list goes on.
However, in criminal law matters, it’s always first things first. An arrest is still an arrest, whether or not that arrest holds up in court. So, the first priority for a Marietta DUI lawyer is always jail release. This process has become easier overall but remains challenging in DUI matters.
Should I Talk My Way Out of An Arrest?
Absolutely not. Whatever story you have (the tug-at-the-heartstrings “I’m just trying to get home” story may be the most common one), the officer has heard it before and rejected it before. Even if the officer is sympathetic, you’ll probably get an “It’s out of my hands” response, which is true. Most local jurisdictions have mandatory DUI arrest policies. Officers must arrest legitimate DUI suspects.
By the way, we don’t know any of this from personal experience, except the mandatory arrest part. The remainder of that discussion was based on something we overheard at a party.
DUI suspects don’t want to get arrested, and police officers don’t want to make arrests. They certainly don’t want to stand outside and argue with drivers. If the officer becomes unduly antagonized, the stop could end very badly for everyone. Remember that.
DUI Jail Release Options
Georgia jails have an extremely high percentage of unsentenced inmates. Many people are behind bars because they haven’t made bail. This commonly cited figure may be deceptive. Many unsentenced inmates are simply waiting for their bail paperwork to go through. Nevertheless, there’s clearly some room for improvement.
In response, state and county officials have expanded pretrial release options and eased some pretrial release conditions.
Pretrial release, a program specifically designed to clear out the jailhouse, often isn’t available in DUI matters. Program rues vary in different counties, but generally, pretrial release, or OR (own recognizance) release, is unavailable for public safety offenses, like DUI.
If OR is off the table, and it probably is, DUI defendants in the Cobb County area have two basic jail release options:
- Cash Bail: When it books defendants into jail, the local sheriff’s office typically sets a presumptive bail amount, usually $750 in a misdemeanor and about $1,500 in most felonies. This amount is basically a security deposit. If the defendant puts up bail, the sheriff releases the defendant. If the defendant keeps all bail conditions, the sheriff refunds most of that money when a Marietta criminal defense lawyer resolves the matter.
- Bail Bond: To many families, $1,500 might as well be $150 million. They don’t have it. So, they could beg, borrow, and steal (well, hopefully not steal) the money, or they could partner with a bail bond company. Most bonding companies charge about a 10 or 15 percent premium for a bail bond, which is like an insurance policy. If the defendant skips bail, the company bears the financial risk.
Sometimes, a Marietta criminal defense lawyer handles the entire process. Attorneys basically vouch for defendants who are also their clients.
DUI Jail Release Conditions
As mentioned, recent laws have reduced bail conditions. But many still remain, such as remining in the jurisdiction, working and/or attending school full time, checking in with a supervision officer, and attending all required court hearings.
Judges often add offense-specific conditions as well. Common DUI conditions include an ignition interlock device (IID) and an alcohol evaluation.
An IID is a Breathalyzer-type device that a mechanic attaches to the vehicle’s ignition. The defendant must provide a chemical sample before starting the car. If the BAC level is too high, usually above .04, the vehicle won’t start. Additionally, the driver must provide rolling breath samples. Too many rolling refusals, or a rolling failure, disables the ignition.
Attorneys often negotiate with courts and ease these conditions. For example, a lawyer could raise the BAC level to .06 or something closer top the legal limit. A lawyer could also raise the number of rolling refusals that trigger ignition disabling.
Lawyers also play a part in the alcohol evaluation process. Some counselor basically assume that DUI defendants are drunks and treat them appropriately. A Marietta criminal defense lawyer helps ensure this labeling doesn’t happen to you.
Bail Reduction/Modification Hearings
Sheriffs often don’t set bail in complex cases, such as enhanced DUI (child passenger, DUI collision, etc.) or in felony DUI matters. Alternatively, the bail conditions are too onerous, as mentioned above.
Bail reduction/modification hearings address both problems. The purpose of bail is to guarantee the defendant’s appearance at trial, not punish the defendant. Likewise, IID orders and other safety orders protect people, and that’s it.
We represent many defendants who rely heavily upon their vehicles. If the defendant is a salesperson, an IID in the car usually kills the deal. Or, if the defendant does a lot of freeway driving, multiple rolling test requirements are unsafe.
Prosecutors usually compromise on bail matters. For example, prosecutors might alter IID mechanics if the defendant puts up additional financial security.
DUI jail release is rather complex. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
North Macon Teen Slain in Shooting