In New Jersey, the process for handling DUI (driving under the influence) arrests has changed in recent years due to criminal justice reforms aimed at reducing the state’s reliance on cash bail. Traditionally, defendants arrested for DUI offenses were often required to post bail to be released from custody while awaiting their court date. However, with the implementation of New Jersey’s bail reform law in 2017, the system has shifted, and cash bail is now less common for most defendants, including those arrested for alleged DUI offenses.
Under the current bail system in New Jersey, cash bail has been largely eliminated for most non-violent offenses, including DUI, as a matter of course. Instead, the state now uses a risk-based approach to determine whether a defendant should be released or detained while awaiting trial. This system is designed to better ensure that defendants are not held in jail simply because they cannot afford to post bail.
So what happens after an arrest?
Upon arrest, a DUI defendant will typically be taken into custody and processed. Instead of automatically being required to post bail, the defendant undergoes a risk assessment. This assessment evaluates factors such as their criminal history, the severity of the DUI offense they allegedly committed and the likelihood of them returning for court appearances. Based on the assessment, the court will decide whether to release the defendant on their own recognizance, impose non-monetary conditions (such as electronic monitoring) or continue to detain the defendant if they are deemed a significant risk.
For most first-time or low-level DUI offenses, defendants are usually released without the need to post bail. In many cases, the court may impose conditions for pretrial release, such as attending all court appearances, abstaining from alcohol and/or adhering to driving restrictions. As long as the defendant follows these conditions, they will remain free while awaiting trial. During that time, it’s smart to get legal guidance.