Bail / Bond
If you or a loved one has been arrested for DUI in Stuart, Port St. Lucie, Vero Beach, or Okeechobee, you generally have the right to a reasonable bail bond, pursuant both the Florida
and U.S. Constitutions. In Martin County, Saint Lucie County, Okeechobee County, and Indian River
County, a person arrested for DUI will most likely have the amount of their bond predetermined by a
bond schedule. This schedule allows a person arrested for a DUI to post the indicated bond amount
without having to wait in jail before seeing a judge. If you are trying to assist someone who
has been arrested for DUI in Stuart, Port St. Lucie, Vero Beach, or Okeechobee, but do not know the
bail bond amount, please refer to the resources link on this site, and proceed to look for the county jail link where
that person is being detained. The deputy assigned to the "booking desk" should be able to provide you with that information.
Bail may be posted in one of two ways: the full amount of the bond can be paid or "posted" at the
county jail, which is referred to as a "cash bond," or someone might prefer to use the services of a bail
bond agency. If a bail bondsman is used, the defendant or his/her family is only required to pay 10 percent of the total bail amount. This 10 percent is
called a "premium." Once the premium has been paid, the bondsman is responsible for posting the full amount bail is set at. Many people
prefer to use the services of a bail bond agency because of the convenience, and time of arrest. If a cash
bond is posted and the defendant made all of his/her court appearances, the person posting that bond receives the full amount back at the conclusion of the case. The person paying the 10 percent premium
and utilizing the services of a bondsman is not entitled to a refund of the premium.
In the event that a person is arrested in Stuart, Port Saint Lucie, Vero Beach, or Okeechobee, and
is unable to post bail to get out of jail, they will be taken before a judge within 24 hours. At that "first appearance
hearing," if the judge determines that there is no probable cause for the arrest he will release that person
on their own recognizance, often referred to as a "ROR" bond. If probable cause is believed to exist, the
judge is obligated to set a reasonable bail amount and should consider:
- the nature and the circumstances of the offense, and the penalty provided by law;
- the weight of the evidence against the defendant;
- the defendant's family ties, length of residence in the community, employment history, financial resources, and mental condition;
- the defendant's past and present conduct, including any record of convictions, previous flight to avoid prosecution, or failure to appear at court proceedings;
- the nature and probability of danger which the defendant's release poses to the community;
- the source of the funds used to post bail;
- whether the defendant is already on release pending resolution of another criminal proceeding, or on any probation, parole, or other release pending completion of sentence;
- the nature and probability of intimidation and danger to victims; any other facts that the court considers relevant.
Though some serious crimes can result in bail not being set, there are many instances where bail is
denied improperly, or, the bail amount is so great that it has the equivalence of no bond at all.
Conditions for Release in all DUI Cases:
Florida Statute 316. 193(9) specifically states that an individual may only be released from custody if:
- The person is no longer under the influence and;
- The person's normal faculties are no longer impaired
- The person's blood/breath alcohol level is lower than 0.05; or
- Eight hours have elapsed from the time the person was arrested
For your convenience a list of preferred bail bondsman on the Treasure Coast have been provided in our
If you have been arrested for DUI and need assistance in obtaining a bail reduction hearing, or a hearing
to have bail set in Martin County, Saint Lucie County, Indian River County, or Okeechobee County, contact The Law Offices of David Golden, P.A., for a FREE CONSULTATION.
Contact us about your legal matter today!