How Much Is Bail for a DUI in California?

DUI bail in California is set by each county's bail schedule. Here are the actual amounts across Southern California for the most common DUI charges:

First-offense DUI (VC 23152, misdemeanor, no injury):
- Los Angeles County: $5,000
- Orange County: $5,000
- San Bernardino County: $5,000
- Riverside County: $5,000

Second DUI within 10 years:
- Most Southern California counties: $15,000

Third DUI within 10 years (may be charged as felony):
- Most Southern California counties: $25,000–$50,000

DUI with injury (VC 23153, felony):
- Most Southern California counties: $50,000–$100,000

DUI causing death (Watson murder, PC 187):
- $1,000,000 or no bail

DUI with child in vehicle (PC 273a):
- Additional charges added; bail increases significantly

A bail bond costs 10% of the bail amount. A $5,000 bail bond costs $500. A $100,000 bail bond costs $10,000. Payment plans are available.

Here is the sequence of events after a DUI arrest, so you know what to expect:

Booking: The defendant is taken to the county jail, photographed, fingerprinted, and processed. This takes 2–6 hours depending on the jail's volume.

Bail is set: The booking officer sets bail according to the county bail schedule. For a standard first-offense DUI, bail is typically $5,000 and can be posted immediately.

Release: Once bail is posted, the defendant is released — usually within 2–8 hours of the bond being submitted, depending on the jail.

Arraignment: The first court appearance, usually within 48 hours for in-custody defendants or within 30 days for those released on bail. The judge confirms the charges and may modify bail.

DMV hearing: Separate from the criminal case, the DMV will suspend the defendant's license unless they request a hearing within 10 days of arrest. This is a separate process from the criminal case.

The criminal case and the DMV case run simultaneously. An attorney handles the criminal case. The defendant (or their attorney) must separately request the DMV hearing.

Several factors can cause a judge to raise bail above the standard schedule amount at arraignment:

High BAC. A blood alcohol level of 0.15% or higher (nearly twice the legal limit of 0.08%) is an aggravating factor that prosecutors use to argue for higher bail and enhanced penalties.

Prior DUI convictions. Each prior DUI within 10 years increases the severity of the charge and the bail amount. A third DUI can be charged as a felony.

Injury to another person. Any injury to another person elevates the charge to a felony under VC 23153. Bail jumps significantly — from $5,000 to $50,000 or more.

Child in the vehicle. A DUI with a child under 14 in the vehicle adds a PC 273a (child endangerment) charge. This adds bail on top of the DUI bail.

Driving on a suspended license. If the defendant was already driving on a DUI-suspended license, the charge is more serious and bail is higher.

Refusing a chemical test. Refusing a breathalyzer or blood test results in an automatic license suspension and is used by prosecutors to argue for enhanced penalties.

Reckless driving or excessive speed. A DUI combined with reckless driving or speeds significantly above the limit suggests greater danger to the public and can result in higher bail.

Most first and second DUI arrests in California are misdemeanors. But a DUI becomes a felony — with significantly higher bail and much more serious consequences — in these situations:

DUI causing injury (VC 23153). If anyone other than the defendant is injured, the charge is a felony. Bail typically starts at $50,000 and goes up based on the severity of injuries.

DUI causing death (Watson murder, PC 187). If someone dies as a result of the DUI, the defendant can be charged with second-degree murder under the Watson doctrine — which requires that the defendant had previously been convicted of DUI and was warned that driving drunk could result in a murder charge. Bail is $1,000,000 or no bail.

Fourth DUI within 10 years. A fourth DUI within 10 years is automatically a felony in California, regardless of whether anyone was injured.

DUI with prior felony DUI conviction. Any subsequent DUI after a prior felony DUI conviction is charged as a felony.

Felony DUI cases require an attorney immediately. The bail amounts are high, the consequences are severe, and the case will take months to resolve. Call me for the bail. Call an attorney for the case.

When a defendant is released on bail for a DUI, the judge typically imposes conditions of release. These vary by case but commonly include:

No driving with any measurable alcohol in the system. Even a single drink can be a violation.

No driving without a valid license and insurance. If the DMV has suspended the license, the defendant cannot drive until the suspension is resolved.

Ignition interlock device. In some cases, the judge requires an ignition interlock device (IID) to be installed in any vehicle the defendant drives. The IID requires a clean breath test before the car will start.

Alcohol or drug counseling. The judge may require enrollment in a DUI program as a condition of bail.

No contact with victims. In DUI cases involving injury, the judge may prohibit contact with the injured parties.

Violating any condition of bail can result in the bail being revoked and the defendant being taken back into custody. The conditions are not suggestions — they are court orders.

Here is exactly what to do:

Step 1: Find out which jail they are in. In Southern California, this depends on where the arrest happened. Los Angeles County has multiple jails. San Bernardino, Riverside, and Orange County each have their own facilities. Call me and I can look it up.

Step 2: Confirm the bail amount. For a standard first-offense DUI, it is $5,000. For anything more serious, I will confirm the exact amount from the booking record.

Step 3: Call me. I will have the paperwork ready and post the bond as soon as the booking is complete. For a $5,000 bail, the bond costs $500. Payment plans are available.

Step 4: Wait for release. After the bond is posted, release typically takes 2–8 hours depending on the jail. I will track the release and let you know when your person is out.

Step 5: Get an attorney. A DUI conviction has consequences beyond jail time — license suspension, insurance rates, employment, professional licenses. An attorney can often reduce or dismiss charges, especially for first offenses. Do not handle a DUI case without one.

I post DUI bail 24 hours a day, 7 days a week, across all four Southern California counties. Call me now.