Bail for a DUI in California depends on two things: whether the charge is a misdemeanor or felony, and whether you have prior DUI convictions. A first-time misdemeanor DUI with no injuries and no collision often requires no bail at all — many people are cited at the scene or released from the station on their own recognizance. Repeat misdemeanor DUIs typically run from $5,000 to $15,000 or more, and a felony DUI can reach $100,000 in a county like Los Angeles. Each county sets its own schedule, and a judge can move the number up or down based on your case.
Typical Bail Amounts by Offense
The figures below come from the Los Angeles County bail schedule, which is one of the more detailed public examples. Other counties can be higher or lower.
First-Offense Misdemeanor DUI
A standard first DUI with no collision, no injuries, and no prior history frequently ends without any bail being posted. Los Angeles County runs misdemeanor arrestees through a Pre-Arraignment Release Protocol that assesses flight risk and public safety before deciding whether bail is needed.1Superior Court of California, County of Los Angeles. 2026 Misdemeanor Bail Schedule In practice, many first-time arrests end with a citation and a court date.
Repeat-Offense Misdemeanor DUI
Bail climbs with each prior conviction. In Los Angeles County, DUI with one prior within ten years is set at $5,000. Two or more priors within ten years push it to $15,000.2Superior Court of California, County of Los Angeles. Bail Schedule for Infractions and Misdemeanors The schedule then adds more for aggravating facts:
- A traffic collision, BAC above 0.15%, or refusal to test adds $10,000 to the base bail.
- A collision combined with high BAC or refusal adds $25,000.
A third-offense DUI involving a collision and a BAC over 0.15% could carry scheduled bail of $40,000 in Los Angeles before a judge even reviews the case.
Felony DUI
A DUI becomes a felony in two main situations. If you have three or more prior DUI-related convictions within ten years, the next offense can be charged as a felony.3California Legislative Information. California Vehicle Code 23550 Any DUI that causes bodily injury to someone else is a wobbler that prosecutors can file as either a misdemeanor or a felony.4California Legislative Information. California Vehicle Code 23153
In Los Angeles County, a felony DUI under Vehicle Code 23550 is scheduled at $100,000, and a felony DUI causing bodily injury is also $100,000.5Superior Court of California, County of Los Angeles. Felony Bail Schedule If a DUI causing injury is charged as a misdemeanor with one prior conviction, the schedule drops to a $20,000 base, with another $10,000 if the BAC was above 0.15%.2Superior Court of California, County of Los Angeles. Bail Schedule for Infractions and Misdemeanors In cases involving death, judges routinely set bail well above the scheduled figures.
How the Number Is Set
California law requires the judges in each county to adopt a countywide bail schedule listing preset amounts for every bailable offense, including DUIs.6California Legislative Information. California Penal Code 1269b When you’re booked, that number is the starting point. It isn’t necessarily final. A judge can raise or lower it at arraignment or at a later bail hearing.
In adjusting bail, the judge weighs factors spelled out in the Penal Code: the seriousness of the offense, your criminal record, the likelihood you’ll show up, and public safety, which the statute calls the “primary consideration.”7California Legislative Information. California Penal Code 1275 For a DUI, the judge will also look at whether anyone was injured, your blood alcohol level, and whether a collision occurred.
The 2021 California Supreme Court decision In re Humphrey added another layer. The court held that tying someone’s freedom solely to whether they can afford bail is unconstitutional. Judges must first consider whether nonfinancial release conditions, like alcohol monitoring or check-ins, can adequately protect the public and ensure you return to court. If bail is still warranted, the judge must factor in your ability to pay. You can’t be kept in jail just because you’re too poor to post the scheduled amount.
Getting Bail Reduced
If the scheduled bail is more than you can afford, you or your attorney can ask the judge to lower it. This usually happens at arraignment, your first court appearance. You can also file a separate bail reduction motion afterward.
The judge weighs the same factors used when setting bail initially: the seriousness of the charge, your criminal history, your ties to the community, your employment, and whether you’re a flight risk.7California Legislative Information. California Penal Code 1275 Under Humphrey, the judge must also consider whether the amount is one you can actually pay. If the evidence of flight risk or danger is thin, the court may cut bail substantially or release you on your own recognizance with conditions such as electronic monitoring or regular check-ins.
A motion that presents proof of employment, family obligations, and community connections, along with a realistic argument about what you can afford, has far better odds than simply telling the judge the bail is too high.
Ways to Post Bail
If bail is required and not reduced enough for an own-recognizance release, you have three options.
Cash Bail
You pay the full bail amount directly to the court. If you make every court date and the case is resolved, the money is refunded to whoever posted it.8Superior Court of California, County of Santa Clara. Bail Refunds The refund typically takes about 30 business days after the case ends. Cash ties up a large sum, but you eventually get it back, which makes it the cheapest option if you have the funds.
Bail Bond
A bail bond company posts the full amount for you. In exchange, you pay a nonrefundable premium, typically 10% of the bail. That premium is regulated by the California Department of Insurance.9California Department of Insurance. Bail Bonds On a $15,000 bail, you’d pay roughly $1,500 you’ll never see again, regardless of how the case turns out. The bond company may also require collateral, such as real estate or a vehicle, especially on larger bonds.
This is the most common method because most people don’t have $15,000 or $100,000 sitting in cash. It costs real money. If you can post cash or get released on your own recognizance, you avoid the 10% fee entirely.
Property Bond
You can pledge real estate as collateral instead of paying cash. California law requires that the equity in the property — market value minus what you owe on it — be at least twice the bail amount.10California Legislative Information. California Penal Code 1298 For a $50,000 bail, that means at least $100,000 in equity. You’ll also need a recent appraisal from a state-certified appraiser and a title report. Property bonds take more time to process than other methods, but they avoid the nonrefundable premium of a bail bond.
Conditions of Release
Posting bail doesn’t mean you’re free to do whatever you want until trial. The court will almost certainly impose conditions. For DUI cases those commonly include staying away from alcohol, not driving with any measurable amount of alcohol in your system, attending alcohol education or treatment, and sometimes installing an ignition interlock device.
In repeat-offense or high-BAC cases, the judge may order a continuous alcohol monitoring bracelet as a condition of pretrial release. These devices test sweat for alcohol around the clock. The cost typically runs $10 to $15 per day plus setup fees, and the defendant usually pays out of pocket.
Violating a release condition can result in bail being revoked and a warrant issued for your arrest. A violation during the pretrial period can also hurt your case at sentencing.
If You Miss a Court Date
Skip a court appearance without a valid excuse and the consequences hit fast. The court will declare your bail forfeited, meaning you lose the entire amount, and issue a bench warrant for your arrest.11California Legislative Information. California Penal Code 1305 If you posted cash, that money now belongs to the court. If a bail bond company posted for you, they’ll come after whoever signed the bond agreement to recover the full amount.
Beyond forfeiture, missing court adds a separate criminal charge for failure to appear, which can mean additional fines and jail time. A judge is also far less likely to grant favorable bail terms if you’re re-arrested. One missed date can turn a manageable DUI case into something much worse.
Bail Is Not the Same as Your Fine
Bail is a deposit to guarantee you’ll show up in court. If you do, you get it back, unless you used a bond company. It is not the same thing as the fines and penalties that come with a DUI conviction. A first-offense DUI carries a base fine of $390 to $1,000,12California Legislative Information. California Vehicle Code 23536 but California stacks multiple penalty assessments on top of every criminal fine,13Judicial Council of California. Crosswalk Guide and a second offense carries a mandatory minimum of 90 days in county jail.14California Legislative Information. California Vehicle Code 23540 DUI school, license reinstatement, insurance increases, and ignition interlock costs are all separate from bail. Bail is the first financial hurdle in a DUI case, not the last.