Many first-time DUI offenders are granted an “OR” release by the Court and are allowed to remain out of custody on their own recognizance while the criminal case is pending. This OR release may be subject to various terms and conditions comparable to those imposed on a grant of DUI probation. Violating one of these conditions of OR can result in the defendant being taken into custody or even new criminal charges.
Conditions of ORWhen a judge allows a defendant to remain out of custody on his or her own recognizance, there may be several terms and conditions of the OR release that the defendant would be expected to follow. This will often include restrictions on operating a motor vehicle without proper license or insurance, restrictions on alcohol consumption and mandatory AA attendance. The Court can also require that the defendant wear a SCRAM bracelet that would monitor for alcohol consumption during the time that the defendant’s case is pending. The defendant’s attorney can argue why certain conditions of OR are unreasonable or otherwise should not be imposed.
When setting the terms of OR, the Judge will consider the allegations and whether or not the defendant has a record of prior DUI offenses, the alleged BAC and whether or not the defendant was involved in a collision.
Even if the Court has set a bail amount and the defendant has posted bond, the Court can still require that the defendant comply with terms and conditions of release while out of custody.
OR ViolationsIf the defendant fails to comply with one or more of the terms of his or her grant of OR release, there may be serious consequences. If the defendant fails to attend AA sessions as ordered or is charged with a new criminal offense, he or she may be taken into custody and remain there until the resolution of the case. The Court may consider this a “change in circumstances” that would allow the Court to impose or increase the defendant’s bail. If the defendant is unable to post bond, he or she would have to remain in custody while the case proceeds.
A defendant can also violate OR if he or she is arrested on suspicion of a subsequent DUI offense. The Court may revoke the defendant’s bail or grant of OR on the case. In addition, the defendant would have to deal with the new case. Courts and prosecutors are extremely concerned for public safety when there are allegations of multiple DUI offenses, and the defendant may face lengthy jail sentences and onerous conditions of probation if convicted of either or both offenses.
When Do OR Conditions End?The terms and conditions of OR release only apply while the defendant’s case is pending. If the defendant’s case is dismissed or if he or she is found not guilty, the OR conditions would no longer apply. Additionally, if the defendant is convicted of a DUI offense, he or she would not be subject to OR conditions, however there could be several terms and conditions of probation with which the defendant would have to comply. In many cases, the defendant will be given credit for AA meetings attended if that is a requirement of probation. The Court may also take into account the defendant’s performance while on OR release when determining the terms and conditions of probation.
If you have been arrested for or charged with a DUI offense, it is imperative that you meet with a knowledgeable DUI attorney right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut fights hard on behalf of his clients throughout all stages of the DUI process.
For more information about DUI and OR violations, and to schedule your free consultation, Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.