Whether a person arrested in the Rochester area for drinking and driving is required to pay bail money before being released depends on the specific facts and circumstances of the case.
The purpose of requiring bail is to ensure that the defendant will return to court to face the charges. If the defendant pays bail and does not return, he or she will forfeit the money deposited with the court.
There are several factors the court will weigh in determining whether to require bail or to release a defendant without bail.
One of the main factors the court will consider is whether the defendant has strong ties to the local community and would be unlikely to flee the court’s jurisdiction as a result.
The court is less likely to require bail for defendants who live locally.
For many DWI offenders, this factor will be in the defendant’s favor because it is not unusual for drinking and driving offenses to be committed by individuals who are otherwise responsible members of the local community.
A defendant who has lived in the area a long time, has local family ties, and has a good employment history in the region will be viewed as less likely to flee and, therefore, less likely to require bail.
Aside from community ties, the court will also give strong consideration to the seriousness of the offense.
A driver who is charged with having caused a motor vehicle accident involving a serious injury, for example, faces much greater potential penalties than a first time DWI offender who is pulled over by the police without incident.
A driver facing more serious penalties has more incentive to flee in an effort to avoid the penalties and, as a result, is more likely to be required to provide bail money.
Whether you live locally or outside the region, we can help you if you have been charged with a DWI in the Rochester area. Please call us at 585-484-7432.