Reader’s Question:

A friend of mine is in jail right now after being arrested for DUI in Las Cruces, New Mexico. Does she have to post bail and when can she be released?

Violet

Las Cruces, NM

Before you friend could be released after a DUI arrest in Las Cruces, New Mexico, the officer would contact a judge who decides whether she will be released without bail, with bail, or kept in custody. She would most likely be released without bail and she would be given paperwork telling her when will the next court date is and where the Court is located. That is called being released “on own recognizance.” She will be given additional paperwork if the judge decides to set bail instead.

When she is released, she should contact a DUI lawyer regarding the possibility of lowering her bail or being released on her own recognizance instead. She must be taken before the Judge on the next available Court day after her arrest if the judge decides not to release her. In general, this usually occurs within 48 hours upon arrest, whether you were arrested on a weekend or a weekday. If she is in custody when she appears in Court for the first time, the judge must decide whether to adjust her bail or release her on her own recognizance. The judge would consider several factors when making this decision, including the charges filed against her, her living arrangements, her employment, her family considerations, prior criminal record, probation status, and any other reasons why she should or should not be released.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer