After a DUI arrest, one of the first questions is how you get released. California law, including Penal Code 1270.5 and the related bail provisions, governs when a person is released on bail and when they are released on their own recognizance, often called an OR release.
What usually happens with a misdemeanor DUI
For a typical misdemeanor DUI, most people are released within hours, often on a citation to appear or on their own recognizance, without having to post money. The law favors OR release for lower-level offenses where the person is not a flight risk or a danger. Posting bail through a bond is more common where there are aggravating facts or a hold.
What affects release
Release decisions consider the seriousness of the charge, the person's record, ties to the community, and any safety concerns. A felony DUI, an injury case, a high blood alcohol level, or a probation hold can change the picture and may require a bail hearing.
Why it matters early
Getting released quickly and on the best terms lets you focus on the case and the short DMV deadline. Where bail is set high, an attorney can ask the court to reduce it or grant OR release.
Where to start
If release or bail is an issue in your case, it can usually be addressed quickly. Use the free written case analysis below or call me directly. See also the first 10 days after a DUI.