Buncombe County DWI Bail Guide

Buncombe County Bail Process After DUI Arrest

If you've been arrested for Driving Under the Influence (DUI) in Buncombe County, North Carolina, understanding the bail process is crucial to securing your release from jail. This guide provides a step-by-step explanation of how bail works in Buncombe County, what to expect, and how to navigate the system.

Understanding Bail in Buncombe County

Bail is a financial guarantee that you will appear in court as required. After a DUI arrest, you will be taken to the Buncombe County Detention Facility. A magistrate will determine whether you are eligible for release and, if so, set a bail amount and any conditions. The purpose of bail is to ensure you return to court for all scheduled hearings. However, NC law § 15A-534.2 (“Detention of Impaired Drivers”) impacts the standard bail procedures. The magistrate must determine if there is "clear and convincing evidence" that your impairment presents a danger of physical injury to yourself, others, or property. If so, you will be detained until you are no longer impaired or until a "Sober Responsible Adult (SRA)" takes custody of you. This is a critical first step before bail is even considered.

Typical Bail Amounts for DUI

Bail amounts for DUI in North Carolina, including Buncombe County, can vary depending on several factors, including:

• Your prior criminal record
• Your blood alcohol concentration (BAC)
• Whether there were any aggravating factors, such as an accident or injury
• Whether you refused to submit to a chemical test

While specific bail amounts aren't fixed, first-time DUI offenders in Buncombe County may see bail amounts ranging from a few hundred to a few thousand dollars. The magistrate will consider the details of your case when setting the bail amount. It's important to note that if you are an out-of-state resident, have refused a breathalyzer, or have a prior record, the bail amount is likely to be higher.

How to Post Bail in Buncombe County

Once bail is set, you have several options for posting it:

Option 1: Cash Bail

• How it works: You pay the full bail amount in cash to the Buncombe County Detention Facility.
• Refund: If you attend all required court appearances, approximately 90% of the cash bail will be returned to you after your case concludes. The court retains a small percentage for administrative fees.
• Where to pay: You can pay cash bail at the Buncombe County Detention Facility located at 20 Davidson Drive, Asheville, NC 28801.
• Payment methods: The Buncombe County Detention Facility accepts cash and certified checks.
• Important: Bring valid photo identification.

Option 2: Bail Bondsman

• How it works: You pay a licensed bail bondsman a non-refundable fee, typically 10-15% of the total bail amount. The bondsman then posts the full bail amount with the court.
• Requirements: To secure a bond, you'll likely need:
• Valid photo identification
• Information about the person arrested (name, date of birth, charges)
• Collateral (property, vehicles, etc.) may be required, depending on the bail amount and the bondsman's assessment of risk.
• A co-signer who agrees to be responsible for ensuring the defendant appears in court.
• Finding a bondsman: A list of authorized professional bondsmen is available in the lobby of the Buncombe County Detention Facility.

Option 3: Property Bond

• How it works: You use real estate as collateral to secure your release. The property's value must typically be 150-200% of the bail amount.
• Process: Applying for a property bond is more complex and time-consuming than cash bail or a bail bondsman. It involves providing documentation of ownership, obtaining an appraisal, and having the property liened by the court.
• Caution: If you fail to appear in court, the court can foreclose on the property.

Option 4: Personal Recognizance (PR Bond)

• How it works: You are released on your promise to appear in court. No money is required upfront.
• Eligibility: PR bonds are more common for first-time, low-risk offenders with strong ties to the community. The Magistrate will consider factors such as your criminal history, employment, and residence.

Timeline: How Long Until Release?

• Processing time: After bail is posted, it typically takes several hours for the Buncombe County Detention Facility to process the release.
• Best times to post bail: While the Detention Facility operates 24/7, administrative processing of releases often slows or halts during shift changes, which typically occur at 6:00 AM and 6:00 PM. Family members arriving just before shift change may face a delay of 1-2 hours.
• Delays: The release can be delayed if there are outstanding warrants, holds from other jurisdictions, or if the Detention Facility is experiencing high intake volume.

What Happens After Posting Bail

• Conditions of release: You will be given a written list of conditions you must follow while out on bail. These may include:
• Avoiding contact with alleged victims or witnesses
• Abstaining from alcohol or drugs
• Submitting to drug or alcohol testing
• Surrendering your passport
• Following a curfew
• Court appearance: You will be given a court date and time. It is crucial to appear in court as scheduled.
• Consequences of missing court: If you fail to appear in court, a bench warrant will be issued for your arrest, your bail will be forfeited, and you may face additional charges.

Special Considerations in Buncombe County

A significant geographical friction point in Buncombe County is that the administrative offices (Clerk of Court, Register of Deeds) are located at 60 Court Plaza, but the physical custody and release occur at 20 Davidson Drive. Defendants often confuse these locations. Family members attempting to post bond must go to Davidson Drive, particularly after hours. If they go to the courthouse at 60 Court Plaza after 5:00 PM, they will find it locked.

Frequently Asked Questions

Q: Where do I go to post bail for someone arrested for DUI in Buncombe County? A: You must go to the Buncombe County Detention Facility located at 20 Davidson Drive, Asheville, NC 28801.

Q: What happens if the person picking me up after my DUI arrest was a passenger in the car? A: The magistrate may deem that person "not responsible" for having allowed the impaired driving to occur, even if they are sober, and deny release to that person.

Q: What if I am visiting Asheville and don't know anyone local who can be my Sober Responsible Adult (SRA)? A: In this case, the SRA rule acts as a de facto mandatory jail sentence, until either you are no longer impaired, or the 24-hour statutory cap is reached.

Browse licensed bail bondsmen serving Buncombe County in our bail bond directory.

Sources

• Buncombe County Pretrial Support Services Program
• Buncombe County Sheriff's Office Detention
• Asheville Police Department FAQs