Will I Get Pretrial Release After a DUI Arrest in North Carolina?

Pretrial release, also known as “bond” or “bail,” is an important priority for many defendants. Whether you were recently arrested for DUI in North Carolina or you are just curious about how the criminal justice system works, it’s important to understand what might happen after an arrest. As always, it makes sense to contact a DUI defense attorney in North Carolina for accurate, personalized guidance. 

The Pretrial Integrity Act and DUI Bond in North Carolina

Passed in 2023, the Pretrial Integrity Act in North Carolina sets specific rules for bond in DUI cases. If you are arrested on suspicion of any offense related to impaired driving, the judicial official presiding over your case must order your continued detention if you represent a threat to property or the physical safety of others. If the judicial official sees “clear and convincing evidence” that you represent a threat to others, they must order your continued detention. 

The maximum amount of time the authorities can hold you is 24 hours. However, you could secure release much earlier if a “sober and responsible adult” agrees to pick you up and supervise you. You might also leave custody earlier if it becomes clear that you are no longer intoxicated. These rules apply to offenses such as “simple DWI,” “habitual DWI,” DWI-related murder/manslaughter, and similar crimes. 

Finally, the court has the authority to order you to stop consuming alcohol as a condition of your pretrial release. The court also has the authority to monitor your alcohol consumption after your release. If you test positive for alcohol consumption while out on bond, you could find yourself back behind bars. 

Why Is Pretrial Release So Important?

Pretrial release allows you to start building a defense strategy as quickly as possible. If you remain behind bars until your trial date, you may have only limited opportunities to meet with your attorney and plan out the next stages of your defense. One might also argue that spending unnecessary time behind bars is dangerous. 

What Happens if I Do Not Get DUI Bond After 24 Hours?

If you are still in detention 24 hours after your arrest, you should immediately contact a defense attorney and explain your situation. The authorities are not allowed to keep you any longer. By this point in time, you should be completely sober. Your lawyer can help you secure your pretrial release by convincing the court that you are no longer intoxicated. These situations are rare in North Carolina. 

Can a North Carolina DUI Defense Attorney Help Me?

A North Carolina DUI defense attorney may be able to help you secure pretrial release after an arrest. Although North Carolina’s rules on pretrial release are quite complex, it always makes sense to secure bond in order to plan your defense strategy more effectively. Contact Coastal South Law today to learn more about the next potential steps.