Nearly all drivers arrested on suspicion of DUI / DWI in Florida must remain in custody until bail is posted.  Bail in drunk driving cases is set just like any other criminal case. Each county has its own bail schedule, which outlines bail amounts for each criminal offense, including DUI / DWI, drunk driving, driving under the influence of drugs, or any other drinking and driving arrest. 

Florida DUI / DWI suspects are generally held for a number of hours and then released when the arresting agency is confident about the arrestee’s state of sobriety. The delay stems from concerns about liability; if an accused drunk driver is released, only to get behind the wheel and injure someone in an accident, the arresting agency could be liable for injuries caused by the intoxicated driver.

Bail in a Florida DUI / DWI case may be increased if the driver refuses to submit to a chemical test, has a blood or breath alcohol level (BAC) that is .20 or higher, or where there is an accident or injury involved.

Generally a felony DUI arrest will require bail of $100,000 or more. However, just as in misdemeanor cases with a lower bail amount, a bail bond firm will put up the money to secure the driver’s release, for a fee. The fee is typically a percentage of the bail amount paid up front.