Can You Bail Out After a DUI Arrest in California?

By:

THE MEEHAN LAW FIRM

July 13, 2026

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If you are arrested for DUI in California, you may wonder whether you can post bail or how long you will remain in custody. Many people arrested for DUI are released once they are sober, although bail may also be available depending on the circumstances of the arrest.

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How Long Will You Stay in Jail?

Generally, a person arrested for DUI will remain in custody until they are considered sober.

Once law enforcement determines that the person is sober, they may be released without having to post bail, particularly when the offense is a misdemeanor DUI.

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Can You Post Bail?

Bail is available following a DUI arrest.

California uses a bail schedule, and the bail amount depends on the offense for which the person is being booked. The speaker notes that bail for a DUI is often set at an amount such as $5,000 or $10,000, although the actual amount depends on the applicable bail schedule and the specific facts of the case.

Individuals who use a bail bond company typically pay a percentage of the total bail amount to obtain their release.

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Using a Bail Bond Company

A person in custody may contact a bail bond company from the jail.

The company may obtain payment information, arrange for the bond, and post bail so the individual can be released while the criminal case is pending.

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Considerations Before Posting Bail

There may be situations where charges are not formally filed by the initial court date.

Even if the bail obligation is later released by the court, a person who has used a bail bond company may still remain responsible for the agreement they entered into with that company.

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Release Without Bail

In many DUI cases, law enforcement agencies do not intend to keep someone in custody longer than necessary for a relatively minor offense.

Once a person is sober, they may often be released without posting bail.

Every DUI case is different, and decisions regarding custody, bail, and release depend on the facts of the case, local procedures, and applicable California law.