Mecklenburg County DWI Bail Guide

Mecklenburg County DUI Bail and Release: A Legal Guide

While Mecklenburg County does not have set bail amounts specific to DUI/DWI offenses, bail for misdemeanor offenses (including first-time DWI) typically falls under the county's "Bail Policy" favoring non-monetary release for low-level offenses (Class 2 and Class 3 Misdemeanors).

Bail Amounts Table (Estimated)

• 1st Offense DWI: $500 - $2,500 (Note: This is an estimate based on similar misdemeanor charges. Actual amount varies by case specifics.)
• 2nd Offense DWI: $1,500 - $5,000 (Note: This is an estimate based on similar misdemeanor charges. Actual amount varies by case specifics.)
• Felony DWI (Aggravated Circumstances): $5,000+ (Note: Felony DWI charges carry significantly higher bail amounts.)
• DWI with Injury: $10,000+ (Note: Bail amounts increase substantially when injuries are involved.)

Disclaimer: These are estimated bail ranges. The actual bail amount is determined by a magistrate or judge based on the specific circumstances of your case, your criminal history, and other factors.

Where to Post Bail

Bail can be posted at two primary locations in Mecklenburg County:

• Detention Center Central (Jail Central): 801 East Fourth Street, Charlotte, NC. This is the main intake facility and where most initial bail settings occur. It houses the Arrest Processing Center (APC).
• Mecklenburg County Courthouse: 832 East Fourth Street, Charlotte, NC. Bail can be posted here during court hours, typically Monday-Friday, 8:00 AM - 5:00 PM.

Both locations generally accept cash and certified checks. Credit and debit card policies may vary, so it's best to confirm beforehand.

How Bail Bonds Work in Mecklenburg County

If bail is set in your DUI case, you have a few options for securing your release:

• Cash Bail: You pay the full bail amount directly to the court. This amount is refundable (minus court fees) after your case is resolved, provided you attend all required court appearances.
• Surety Bond (Bail Bondsman): You pay a non-refundable percentage (typically 10-15%) of the total bail amount to a licensed bail bondsman. The bondsman then guarantees the full bail amount to the court.
• Personal Recognizance (PR) Bond: If eligible, the court may release you on a PR bond, also known as a "Written Promise to Appear". This means you are released without having to pay any money, but you sign a written agreement promising to appear at all future court dates. Mecklenburg County's "Bail Policy" favors this type of release for low-level offenses, including some first-time DWI cases. An "Unsecured Bond" is another option where no money is paid upfront, but you're liable for the full bail amount if you fail to appear.

Co-Signer/Indemnitor Warning: A Critical Consideration

If you are considering co-signing a bail bond for someone, understand that you are financially responsible for the full bail amount if the defendant fails to appear in court. This means the bail bondsman can take aggressive action to recover the money, including:

• Garnishing Wages: Seeking a court order to deduct money directly from your paycheck.
• Placing a Lien on Property: If you own a home, the bondsman can place a lien on it, potentially leading to foreclosure.
• Damaging Your Credit: Unpaid bond debts are reported to credit bureaus, severely impacting your credit score.

Never co-sign a bond unless you are willing and able to pay the full amount of the bond if the defendant flees.

Release Timeline: From Arrest to Freedom

The release process in Mecklenburg County can take several hours, and understanding the steps involved can help manage expectations:

1. Arrest and Booking: You are arrested for DUI and taken to the Arrest Processing Center (APC) at Jail Central (801 East Fourth Street).
2. Initial Processing and Medical Screening: You undergo medical and mental health screening. Medical holds for chronic conditions, acute intoxication, or mental health needs can delay processing.
3. Arraignment and Bail Setting: You appear before a magistrate, who sets your bail amount.
4. Bail Posted: Once bail is posted (either in cash or through a bondsman), the release process begins.
5. Release Processing: This can take several hours, especially during peak times. Be aware of the "Blackout" periods around 6:15 AM and 6:15 PM, when shift changes occur. Release processing is suspended during these times, leading to potential delays of 90 minutes or more.
6. Release: You are released from custody.

Critical Deadlines After Release

• ALR Hearing (10 Days): For DWI arrests, your driver's license is immediately suspended for 30 days. You have only 10 days from the date of arrest to request a hearing with the DMV to contest this suspension.
• Property Retrieval: Your personal property (keys, wallet, etc.) is held at the Arrest Processing Center (APC) at 801 East Fourth Street. The property window is open daily from 8:00 AM to 5:00 PM, excluding holidays. You have 90 days to claim your property.
• First Court Date: Make sure you know the date, time, and location of your first court appearance.

Payment Methods

• Cash: Accepted at both Jail Central and the Courthouse.
• Certified Check: Generally accepted at both locations.
• Credit/Debit Card: Policies vary; confirm with the specific location beforehand.

Weekend/Holiday Timing

Bail can generally be posted 24/7 at Jail Central. However, processing times may be slower on weekends and holidays due to reduced staffing. If arrested on a Friday night, be aware that seeing a judge may be delayed until Monday morning.

For assistance with your Mecklenburg County DUI case, contact a qualified attorney.