Santa Cruz County Bail Information

Understanding DUI Bail in Santa Cruz County: What You Need to Know

If you've been arrested for DUI in Santa Cruz County, Arizona, the first thing you'll likely be concerned about is getting out of jail. The Santa Cruz County Adult Detention Center, located at 2170 N. Congress Drive in Nogales, is where you'll be processed after an arrest by the Nogales Police Department (NPD), the Santa Cruz County Sheriff’s Office (SCCSO), or the Arizona Department of Public Safety (AZ DPS). Understanding the bail process can help you navigate this challenging situation.

What is Bail and How Does it Work in Arizona?

Bail is essentially a financial guarantee that you will appear in court for all scheduled hearings. In Arizona, bail amounts are often set according to a predetermined schedule, but a judge can modify the amount based on the specifics of your case, your criminal history, and your risk of fleeing. The purpose of bail is to ensure your appearance in court, not to punish you before you've been convicted.

DUI Charges and Potential Bail Amounts

The bail amount for a DUI in Santa Cruz County depends on the severity of the charge. Arizona law outlines several categories of DUI, each carrying different penalties and potential bail amounts:

• DUI (Impaired to the Slightest Degree) - A.R.S. § 28-1381(A)(1): Even if your Blood Alcohol Content (BAC) is below 0.08%, you can be arrested if an officer believes you are impaired. Bail for this charge typically starts at a few hundred dollars, but can increase depending on the circumstances.
• DUI (Per Se) - A.R.S. § 28-1381(A)(2): Driving with a BAC of 0.08% or higher. Expect a higher bail amount than a standard DUI charge.
• Extreme DUI - A.R.S. § 28-1382(A)(1): BAC of 0.15% or higher. This carries significantly higher penalties and a higher bail amount.
• Super Extreme DUI - A.R.S. § 28-1382(A)(2): BAC of 0.20% or higher. This is the most serious misdemeanor DUI charge, resulting in the highest fines and jail time, and a correspondingly high bail.
• Aggravated DUI - A.R.S. § 28-1383: This is a felony charge, triggered by factors such as driving on a suspended license, a third DUI within 84 months, or having a child under 15 in the vehicle. Bail for aggravated DUI can be substantial, often several thousand dollars.

Keep in mind that these are just guidelines. The judge ultimately decides the bail amount.

Posting Bail in Santa Cruz County

There are several ways to post bail in Santa Cruz County:

• Cash Bail: You can pay the full bail amount in cash at the Santa Cruz County Adult Detention Center.
• Surety Bond: You can use a bail bondsman. The bondsman will charge a non-refundable fee (typically 10-15% of the bail amount) and guarantee your appearance in court. If you fail to appear, the bondsman is responsible for paying the full bail amount.
• Property Bond: In some cases, you may be able to use property as collateral for bail. This requires approval from the court and involves a more complex process.

Factors Affecting Bail

Several factors can influence the bail amount set in your DUI case:

• Prior Criminal Record: A history of prior arrests or convictions, especially for DUI, will likely result in a higher bail amount.
• Severity of the Offense: The higher your BAC, or if there were aggravating factors (such as an accident or injury), the higher the bail will be.
• Flight Risk: If the judge believes you are a flight risk (e.g., you have ties to Mexico), they may set a higher bail amount or deny bail altogether.
• Community Ties: Strong ties to the community (e.g., family, employment, residence) can help lower the bail amount.

What Happens After Posting Bail?

Once you post bail, you will be released from custody. However, you must comply with any conditions of release set by the court, such as:

• Attending all court hearings.
• Avoiding contact with certain individuals.
• Refraining from alcohol or drug use.
• Installing an ignition interlock device on your vehicle (Alex's Tire Pros is a local installer).

Failing to comply with these conditions can result in your bail being revoked and you being taken back into custody.

Getting Your Bail Money Back

If you attend all court hearings and comply with all conditions of release, your bail money will be returned to you (or the person who posted it) at the conclusion of your case. If you used a bail bondsman, the fee you paid is non-refundable.

What to Do Next

If you've been arrested for DUI in Santa Cruz County, your next step should be to contact an attorney. An attorney can help you understand your rights, navigate the legal process, and negotiate the best possible outcome in your case. They can also assist you in understanding the implications of Arizona's strict 30-day vehicle impoundment laws.

To find out if you have an active warrant, you can check the Santa Cruz County "Jail Viewer" online system. Remember, inmates are prohibited from accessing this data themselves while incarcerated. The Santa Cruz County Adult Detention Center can be reached at (520) 761-7875 for general inquiries.