The Complicated World of DWIs and Bail
News and ResourcesGetting bail after being arrested for driving while intoxicated (DWI) in Colorado or elsewhere can be contentious, depending on several factors. In some cases, the person may be released without delay after a quick look at a bail schedule. In other cases, the police may check a person's record and, if they discover a repeat offender, the bail amount may increase significantly, or the person may be denied bail altogether. The goal of keeping impaired drivers off the road requires vigilance and a no-nonsense approach. In this post, Colorado's favorite bonding company examines bail and DWIs.
Table of Contents
First Things First: Defining Bail
The Constitution assumes accused individuals are innocent until proven guilty. Bail is an ancient and proven system for reinforcing that concept by allowing accused individuals to return to a more-or-less normal life while they await their day in court. The bail itself is a guarantor providing a financial incentive for the accused to fulfill their obligations to appear in court, lest they lose the bail they've posted (or someone else has posted for them)
Weighing Mitigating Factors
Not all DWI cases are created equal. While some people may be granted bail and released quickly, in other cases, significant conditions may be attached to their bail (if they are granted bail at all). The following are some of those conditions and the reasons they might be imposed:
The Number of Prior DWI Arrests
If the defendant has a history of driving while under the influence, the court, its patience exhausted, is likely to impose strict conditions on the alleged offender's bail. That will typically involve a higher bail amount. Sometimes significantly higher. Along with other conditions, like revoking the person's driver's license or requiring them to wear a locator ankle bracelet.
The Severity of the Offense
It's one thing if the person was arrested after pulling over and passing out behind the wheel, with the car idling. It is quite another if the DWI incident involved a serial offender colliding with other cars, causing injury to others, or even killing someone. In any of those cases, it's likely bail will be denied entirely, and they will have to sit in jail until they are scheduled to appear before a judge.
Whether They Are a Flight Risk
If the person is denied bail at the time of their arrest, they will need to wait (typically 24-48 hours) before they can appear before a judge and present their case for release. Even then, the court may still deem them a flight risk and deny them bail again. A flight risk may be unemployed, have a history of jumping from residence to residence, and have few, if any, ties to the community.
Whether They Are a Threat to the Community
Whether someone is a threat to the community is a far more subjective determination. One judge may determine that the defendant's repeated DWI arrests imply he is. While another may determine he is not.
Key Bail Considerations in DWI Cases
Court decisions about bail often weigh prior DWIs, crash or injury involvement, community ties, and whether the person is seen as a danger to others on the road.From Misdemeanor to Felony
There are two types of DWI cases: misdemeanors and felonies.
In the case of misdemeanor DWI, the person may be a first-time offender or have a blood alcohol level that is barely above the legal limit, or not have caused harm to people or property. Misdemeanor DWI typically comes with a quick release, shorter jail time (if any), lower fines, a relatively short suspension of the driver's license, and possibly community service.
Felony DWI, however, is a whole different animal. Felony DWI usually means that some or all of the aggravating conditions described above are present. Felony DWI can increase potential jail time to as many as 10 years (and not in the county jail, but rather in state or federal prison), significantly higher fines possibly extending to 5-figures, losing the right to vote or own firearms, and possibly permanent suspension of the right to drive. In addition, the person's permanent record may become extremely difficult to expunge, even after many years.
And finally, no matter how experienced a bail bond agent is, it is typically much more difficult (though not impossible) to obtain bail with a felony DWI charge.
| Aspect | Misdemeanor DWI | Felony DWI |
|---|---|---|
| Typical Jail Time | Shorter terms or none, depending on circumstances | Can extend to many years in state or federal prison |
| Fines | Lower, often tied to first or second offense | Significantly higher; may reach five figures |
| Driver’s License | Shorter suspension period | Long-term or possible permanent loss of driving privileges |
| Civil Rights | Generally retained | May lose right to vote or own firearms |
| Record Impact | May be easier to address over time | Much harder to expunge or seal, even years later |
More About the Bail Bond Company
Who the bondsman works with is entirely up to them. They have the right to refuse service to anyone, and though such refusals are rare, they do happen. In those cases when they do refuse service, it typically stems from their determination that the person is unlikely to live up to their end of the bail bond agreement.
If they do decide that someone is an unreasonable risk, they may refuse service, impose stricter conditions on the bail bond agreement, or require more substantial collateral from the defendant to secure the bond. Remember, one of the most important duties of the bail agent is to ensure the defendant appears in court when scheduled. Those charged with felony DWI often represent an increased flight risk, particularly if they have jumped bail in the past.
And because bail amounts for felony DWI are usually much higher than those for misdemeanor DWI, the bondsman is taking a much bigger risk and will want to do whatever is in their power to ensure the defendant makes their court appearances and fulfills their obligations to the bondsman.
Conclusion
While many people can obtain bail after a DWI arrest - particularly a misdemeanor DWI - there are cases where obtaining bail can become very tricky. A felony DWI charge, for example, involving injury to others or property, or where the defendant is determined to be a significant flight risk, will increase the odds of being held over for a bail hearing and of being denied bail altogether while awaiting trial. If they are a repeat offender, they can expect an equally rough road to pretrial release.
If you are arrested on a felony DWI charge in Jefferson County, it's important that you enlist legal counsel as quickly as possible, that you show remorse for your actions, and, if granted bail, that you fully comply with all the terms of your release.
Affordable Bail Bonds From Tayler Made Bail Bonding
If you or someone you know has been arrested on a DWI charge and you are being offered bail, get in touch with the experienced team at Tayler Made Bail Bonding Company. We're here for you 24 hours a day with affordable bail bonds. Don't make a bad situation worse. Get in touch with Tayler Made Bail Bonding Company as soon as possible and set yourself on the road to freedom.
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Frequently Asked Questions About Bail and DWI
Bail is a financial guarantee that allows someone accused of a crime to be released from custody while awaiting their court date. If the defendant appears in court as required, the bail is returned (minus any fees if a bail bond company is used). If they fail to appear, the bail may be forfeited.
No, bail is not guaranteed in every case. While many first-time or misdemeanor DWI offenders are released quickly, bail can be denied if the court believes the person is a danger to the community or a flight risk.
Several factors influence bail, including:
- Prior DWI offenses
- Severity of the incident (accidents, injuries, fatalities)
- Blood alcohol level
- Criminal history
- Risk of fleeing before court
Repeat offenders typically face:
- Higher bail amounts
- Stricter release conditions
- Possible denial of bail
Courts tend to impose harsher measures when there is a pattern of impaired driving.
Conditions may include:
- License suspension
- Alcohol monitoring or ignition interlock devices
- GPS ankle monitoring
- Travel restrictions
- Mandatory check-ins with authorities
A flight risk is someone the court believes may not return for their court date. Factors include:
- Lack of stable employment or residence
- Weak ties to the community
- History of missing court appearances
- Prior attempts to evade law enforcement
Yes. Bail is more likely to be denied if:
- The DWI involved serious injury or death
- The defendant has multiple prior offenses
- The individual is deemed a serious threat to public safety
Misdemeanor DWI: Typically lower bail, faster release, fewer restrictions.
Felony DWI: Much higher bail, stricter conditions, and a greater chance of denial.
In straightforward cases, release can happen within a few hours. If bail is not immediately granted, the defendant may need to wait 24–48 hours to appear before a judge.
A bail bond company posts bail on behalf of the defendant in exchange for a fee (usually a percentage of the total bail). They may also require collateral and impose conditions to ensure the defendant appears in court.
Yes. Bail bond agents can refuse service if they believe the defendant is too risky—especially in felony DWI cases or if there is a history of skipping court dates.
Violating bail conditions can result in:
- Immediate re-arrest
- Revocation of bail
- Additional charges
- Loss of any posted bail or collateral
If you paid bail directly to the court and meet all court requirements, it is typically refunded. If you used a bail bond company, their fee is non-refundable.
- Contact a qualified attorney immediately
- Follow all court and bail conditions
- Avoid further legal trouble
- Work with a reputable bail bond company if needed