DWI Bail Costs in Texas

Getting arrested for Driving While Intoxicated (DWI) in Texas can be overwhelming, especially if it’s your first time dealing with the legal system. One of the first concerns after an arrest is how to get out of jail and how much bail will cost.

Understanding how DWI bail works in Texas can help you or a loved one prepare for the process, including knowing what factors affect bail amounts, payment options, and what happens if you can’t afford bail.

What is Bail in a DWI Case?

Bail condition is a monetary deposit that allows a person accused of a crime to be released from jail while awaiting trial. It serves as a financial guarantee that the defendant will appear in court for future hearings. If the defendant fails to show up, the bail money is forfeited, and a warrant for their arrest may be issued.

How Much is Bail for a DWI in Texas?

There is no fixed amount for DWI bail in Texas. Bail costs vary based on several factors, including the severity of the offense and the defendant’s criminal history. However, here are some general estimates:

• First-time DWI offense: $500 – $2,500
• Second-time DWI offense: $2,500 – $5,000
• Third-time DWI offense (Felony DWI): $5,000 – $15,000
• DWI with Child Passenger: $10,000+
• DWI Causing Injury or Death (Intoxication Assault or Manslaughter): $20,000 – $100,000

These amounts may increase or decrease based on the judge’s decision, the county’s bail schedule, and the details of the case.

Factors That Affect DWI Bail Costs

Judges set bail amounts depending on the circumstances, including:

Prior DWI Convictions

Repeat offenders face higher bail amounts. If you have a prior DWI conviction, the judge is likely to increase your bail.

Blood Alcohol Concentration (BAC) Level

A higher BAC level (such as 0.15% or more) can result in a harsher charge and higher bail costs compared to a BAC just over the legal limit of 0.08%.

Accidents, Injuries, or Fatalities

If the DWI resulted in an accident, injury, or death, bail costs increase significantly. Cases involving Intoxication Assault or Intoxication Manslaughter will have much higher bail.

DWI with a Child Passenger

A DWI with a child under 15 years old in the car is a felony in Texas. Judges set high bail amounts for these cases because they involve endangering a minor.

Flight Risk & Criminal History

If a defendant has failed to appear in court before or has a serious criminal record, the judge may set a higher bail amount or even deny bail altogether.

How to Pay for DWI Bail in Texas

If bail is set, there are three main ways to pay it and secure release:

1. Cash Bail

You must pay the full bail amount in cash. If the defendant attends all court dates, the money is refunded at the end of the case. However, if they fail to appear, the court keeps the bail.

2. Bail Bond

If you can’t afford the full bail amount, a bail bondsman can help. Typically, a bail bonds company charges a non-refundable fee of 10% of the total bail. For example, if bail is set at $5,000, you would pay the bondsman $500, and they would cover the rest. However, if the defendant misses court, the bondsman risks losing the bail money and may hire a bounty hunter to track them down.

3. Personal Recognizance (PR) Bond

In some cases, a judge may grant a Personal Recognizance (PR) Bond, allowing the defendant to be released without paying bail. PR bonds are typically given to first-time, low-risk offenders. In exchange, the defendant must sign a written agreement promising to return to court.

What Happens If You Can’t Afford Bail?

If you can’t afford bail in Texas, you still have options. The legal system provides alternatives to ensure that those who cannot pay their full bail amount are not necessarily stuck in jail until their court date. If you cannot afford bail, you have a few options:

• Request a Bail Reduction Hearing: A criminal defense attorney can request a bail reduction based on your financial situation or lack of criminal history.

• Apply for a PR Bond: If you meet certain conditions, the judge may release you without bail.

• Remain in Jail Until Trial: If you cannot pay bail and the judge denies a reduction or PR bond, you may have to stay in jail until your case is resolved.

Arrested? Don’t Plea, Call Me!

Dealing with a DWI arrest in Texas can be overwhelming, especially when it comes to navigating the bail process and its associated costs. Understanding how bail amounts are determined, available payment options, and potential alternatives can make a significant difference in securing a release and preparing for your defense. Since bail costs can vary based on factors like prior offenses, BAC level, and the severity of the case, it’s essential to have the right legal guidance from the start.

If you or a loved one has been arrested for DWI in Texas, you don’t have to go through it alone. Texas Criminal Defense Group has extensive experience handling DWI cases, from bail reduction hearings to defending your rights in court. Our team understands the complexities of Texas DWI laws and is committed to securing the best possible outcome for you.