WARNING: All of these laws can change frequently. There are bills in the legislature changing DWI law every single year. These answers to common questions are not legal advice in any case. Consult an attorney before making decisions and to learn what may have changed, and what applies in your case.

Q: Do I have to pay bail?

A: All drivers - even first timers - who tested .20 or higher or who had a child in the car under 16, must pay bail, and the minimum bail is $12,000! This is true even if the police let you go on your promise to appear in court when summoned.

Q: Are there alternatives?

A: If the court has the machines, and approves you for it, you may be able to secure your release by accepting an alco-sensor monitor in your home with strict testing restrictions, requiring you to be there several times a day to provide a sample of your breath. Some judges still require an amount of bail even when approving the monitor.

Q: I'm already on the monitor. Can I get off?

A: You may be able to post bail, depending on what stage of the proceedings you are at.

Q: What is the difference between bail and bond?

A: Bail is cash you get back if you make all your appearances (less your fines). Bond is a promise from a bonding company to pay your bail to the court should you fail to appear. They charge you a premium, (usually 10% of the bail amount), which they keep for their service.

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