DUI Bond Conditions in Georgia: What the Judge Can Require While Your Case Is Pending

The arrest is just the first step in a Georgia DUI case. Once a person has been booked, a judge or magistrate establishes bond and the bond typically has conditions attached to it, directed at what the individual may or may not do while the case is pending. The consequences of these conditions can last for months, and can put an individual back in jail without even having a case heard. Familiarity with bond conditions at an early stage will enable drivers to avoid making decisions that can exacerbate a challenging situation.

The mechanism used to release from jail while waiting for a case to be heard is known as bond. DUI bond in Georgia can be in a number of different forms. A cash bond will call for the entire sum to be paid. A property bond is a bond that is pledged as security using real property. A surety bond is a bond issued by a bond company or bail bondsman that pays the bond for the defendant. An own recognizance bond, also known as a signature bond, is the bond issued without any monetary security. The nature and amount of the bond will depend on the charge, criminal history, community ties and risk of flight or danger of the driver.

The conditions of the bond are areas of life that are impacted. One of the most common conditions is a prohibition on alcohol consumption, often with one or more of random testing or an alcohol monitoring device. The other common prohibition is driving without a valid license, which is important as it is a separate administrative license suspension process with a different deadline from a DUI, and a license revocation can be the most confusing aspect of the case. An ignition interlock is sometimes ordered as a bond condition, meaning the driver will be asked to blow into a breath device before the car can turn over. Other conditions may involve travel restrictions, curfew, frequent pretrial services officer meetings and/or alcohol evaluation and/or treatment. Each condition is binding and a judge may impose additional conditions in future hearings if conditions change.

One area that warrants special attention is alcohol monitoring; it occurs more often than some drivers realize. A judge can order a SCRAM ankle bracelet to monitor alcohol consumption or a portable breath device which must be tested at prescribed intervals during the day. They are expensive and the person on bond typically pays for them. The court can be notified of a missed test, positive reading or tampering with the device as a violation of the bond. Drivers who are directed to appear on monitoring must comply with the schedule as they would any court date; the monitoring company reports directly to the judge and/or to pretrial services.

Another point of confusion is driving restrictions during the bond period. Bond conditions will not supersede the administrative license suspension and the two programs will operate side by side. An Atlanta DUI Lawyer will be able to provide you with a written statement of exactly what driving is allowed by the bond order and what driving is allowed by the license suspension. Driving may be a condition of bond while the driver’s license is pending suspension by the Department of Driver Services, or the driver’s license is suspended and they are allowed to drive. Driving on a suspended license may result in another charge of driving on a suspended license, and this charge may become a bond violation.

There are consequences to violation of a bond condition. Bond may be revoked and the person may be taken to jail until the case is solved, a process that can take months. The judge may also raise the bond or impose greater requirements like house arrest or greater frequency of supervision, or place the person in contempt. A bond violation will also impact the way the case will be looked upon by prosecutors because it shows that the driver is not taking the court’s instructions seriously. If a driver has a prior DUI or other outstanding charges, a bond violation may make the difference between having probation and jail time.

There are some practical things that will support drivers to stay in compliance. Carefully read the bond order, any paperwork signed at release and ask questions if there were anything you did not understand. Make sure to schedule all court dates, check-ins, and monitoring tests, and honor them. Maintain receipts to track payments and program attendance, as proof of attendance may be important at future hearings. Do not miss a monitoring test if a condition becomes impossible to meet, as when a work schedule conflicts with the tests (raise the condition with the court via the lawyer, do not just miss the test).

Conditions of bonds can also be changed. If the situation changes, a lawyer can request that the court lower or eliminate a condition, such as by providing a clean monitoring record for a number of months or proving that the person’s job has changed and that travel will no longer be necessary. Drivers who hire a DUI Attorney Atlanta for a modification hearing will have the compliance record presented to the court. The important thing is to create a history of compliance first, as a judge will not be willing to take it easy on the driver that has been a problem.

If the bond conditions seem excessive to drivers charged with their first DUI, it is because they are. For drivers with prior offenses, they may feel like a preview of sentencing. In both situations, it is not a suggestion but a legally binding order. The driver’s freedom is protected and the driver’s position is enhanced when the case is settled by taking them seriously from day one. An Atlanta DUI Attorney can examine the bond order, explain each condition, and assist in asking for bond modifications when warranted by the record.

Bond is a compromise on the court that respects two interests: the driver’s freedom before trial, and the public’s safety until the trial. The conditions attached to it are the cost of that freedom, and they remain until the case is decided. The best way to navigate through the bond period without making things worse is to understand them, stick to them, and solve issues in the court system. A DUI Lawyer Atlanta drivers consult after an arrest can go through the bond order line by line and ensure that there is no missing information.