Inside DUI Booking and Bond Processes

Posted by James Ferguson | Sep 01, 2020 | 0 Comments

First-time DUI offenders will often take a look back on their DUI arrest and bail process to verify that there were no mishaps that would raise legal redflags. For individuals who have never been arrested and do not have a legal record, an understanding of these processes becomes even more important. It is important to note that the process for booking and bonds are different depending on whether the offender is charged with a misdemeanor or a felony. The following delves into detail on these processes.

DUI Booking

First and foremost, in order to go through a booking process, charges must be levied on the individual. Booking refers to the process by which the police department registers and enters charges against a person believed to have violated the law. Defendants should distinguish between an arrest, booking, and post-booking detention. An arrest occurs when the subject is taken into custody for the purpose of being transported to a place where booking can occur. After booking occurs, the offender can be released on his or her own recognizance to await arraignment. The level of inebriation is also considered, even when the subject is released on his or her own recognizance. In such cases, the subject is permitted to sober down before release. Lastly, depending on the severity of the DUI act, the subject may be held with or without bond.

Posting Bond and Types of Bond

In Mississippi, a criminally accused individual can pay a cash bond — one of the easiest ways to get out of jail after an arrest. In this case, the subject is released after the booking process is completed. The defendant would receive the entire cash bond back after showing up to all court appearances. Things work a little bit differently in the case of surety bonds. In this case, the defendant pays 10% of the amount as established under Mississippi law. If the defendant shows up for all court appearances, the defendant (or a designated co-signer) is released from the surety contract. Lastly, the property bond functions similarly to the surety bond. However, the property bond requires documents establishing ownership and equity of $20,000 or greater in the property per Mississippi law.

Let Us Help With Your DUI Case

If you have been charged with a DUI , please call us now. Attorney James Robert Ferguson is a seasoned DUI attorney with experience advising on DUI bond and arrest processes. He has advised countless DUI defendants during his many years as an attorney. Contact us to ensure your rights are protected throughout the arrest, booking, and bond process.

See related blog posts:
A Closer Look at Mississippi’s First Offender DUI Law
How Mississippi Courts Treat DUI-Related Traffic Accidents

About the Author

James Ferguson

I was born and raised in Memphis, Tennessee. During college, I studied at East Tennessee State University, where I received a Bachelor's in Criminal Justice, which I then followed up with a Master's in Criminology from the University of Memphis. Before beginning my legal career, I worked as a Project Coordinator at the University of Memphis, where I assisted in training law enforcement officers in the Memphis Model of Crisis Intervention Training. The purpose of the project was to provide officers with the tools to deal with citizens in a state of mental crisis. I then went on to study law at the Mississippi College School of Law in Jackson. During law school, I clerked with Victor W. Carmody, Jr., the lawyer who wrote the book on DUI law in Mississippi. I am currently licensed to practice law in both Tennessee and Mississippi, and spend a majority of my time traveling the highways and biways of Mississippi defending those who have been charged with a DUI.


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