New Hanover County DWI Bail Information

New Hanover County Bail Process After DUI Arrest

Being arrested for Driving Under the Influence (DUI) in New Hanover County can be a stressful and confusing experience. A key step in navigating this process is understanding bail – the financial guarantee you provide to the court to ensure you appear for all scheduled hearings. This guide provides a detailed overview of the bail process in New Hanover County following a DUI arrest.

Understanding Bail in New Hanover County

Bail is essentially a form of collateral held by the court. After an arrest, a magistrate or judge sets a bail amount. By posting bail, you are promising to appear in court as required. If you fail to appear, you forfeit the bail money, and a warrant may be issued for your arrest. In New Hanover County, the bail system aims to balance public safety with the defendant's right to be released pending trial.

Typical Bail Amounts for DUI

While the exact bail amount depends on the specific circumstances of your case, including prior record, blood alcohol content (BAC), and any aggravating factors, felony DWI can carry a suggested bail between $10,000 and $50,000. First-time DWI offenders may be eligible for an unsecured bond, meaning you sign a pledge to pay a certain amount if you fail to appear, but you don't have to pay anything upfront. The New Hanover County Pretrial Integrity Act, however, has changed the landscape, particularly for repeat offenders.

How to Post Bail in New Hanover County

Several options exist for posting bail in New Hanover County:

Option 1: cash bail

• Pay full amount to New Hanover County jail: You can pay the full bail amount directly to the New Hanover County Detention Facility, located at 3950 Juvenile Center Road, Castle Hayne, NC 28429. The booking phone number is 910-798-4200.
• Get 90% back after case concludes (usually): If you attend all required court appearances, approximately 90% of the cash bail is typically returned to you after the case is resolved. The exact percentage can vary depending on court fees and deductions.
• Where to pay, what payment methods accepted: Contact the New Hanover County Detention Facility directly to inquire about accepted payment methods. It's advisable to call ahead to confirm their procedures.

Option 2: bail bondsman

• Pay 10-15% fee (non-refundable): Instead of paying the full bail amount, you can contract with a licensed bail bondsman. You'll pay them a non-refundable fee, typically 10-15% of the total bail amount.
• Bondsman posts full bail: The bondsman then posts the full bail amount with the court on your behalf.
• What you'll need: ID, collateral, co-signer possibly: To secure a bond, you'll likely need a valid photo ID, and the bondsman may require collateral (such as property or valuable items) or a co-signer to guarantee your appearance in court.
• How to find a licensed bondsman near New Hanover County jail (directory listings available on this site): [This website] offers directory listings of licensed bail bondsmen who operate in and around New Hanover County.

Option 3: property bond

• Use property as collateral: You can use real property (land or a house) as collateral to secure your release.
• Must be worth 150-200% of bail: The property's value must be significantly higher than the bail amount, typically 150-200%, to account for potential foreclosure costs if you fail to appear.
• Takes longer to process: Property bonds usually take longer to process than cash or surety bonds because the court must assess the property's value and ensure clear title.

Option 4: personal recognizance (pr bond)

• Released on promise to appear: A Personal Recognizance (PR) bond allows you to be released from custody based solely on your promise to appear in court. No money or collateral is required.
• More common for first-time offenders: PR bonds are typically granted to first-time offenders with strong ties to the community and a low risk of failing to appear.
• County-specific eligibility: Eligibility for a PR bond is determined by a magistrate or judge based on your individual circumstances and criminal history.

Timeline: How Long Until Release?

• Typical processing time at New Hanover County jail: The processing time for release after posting bail can vary, but it typically takes several hours. Factors that can influence the timeline include the jail's workload, the time of day, and any outstanding warrants or holds.
• Best times to post bail: Posting bail during regular business hours (Monday-Friday, 9 AM - 5 PM) may expedite the process, as more staff are available to handle the paperwork.
• What can delay release: Delays can occur if the jail is experiencing overcrowding, if there are issues with the paperwork, or if the defendant is subject to a CUST (Custody Release) hold under N.C.G.S. 15A-534.2. This allows a magistrate to detain a DWI defendant until they are no longer impaired (usually a BAC < 0.05) or until a "sober, responsible adult" arrives to take custody.

What Happens After Posting Bail

• Conditions of release: When you are released on bail, you may be subject to certain conditions, such as abstaining from alcohol, surrendering your passport, or attending counseling.
• When you must appear in court: You will receive a notice of your court date, time, and location. It is crucial to attend all scheduled court appearances.
• What happens if you miss court: If you fail to appear in court, your bail will be forfeited, a warrant will be issued for your arrest, and you may face additional charges.

Special Considerations in New Hanover County

New Hanover County has specific procedures that can impact the bail process.

• The "Blue Sheet" Logistics (AOC-CR-200): New Hanover County relies on the AOC-CR-200 form, known as the "Blue Sheet," to record conditions of release and release orders. A bond hearing cannot proceed without the Blue Sheet. The Sheriff’s Department must physically transport the Blue Sheet from the jail in Castle Hayne to the courthouse at 316 Princess Street, Wilmington. Delays in transport can postpone hearings.
• 48-Hour Hold for Repeat Offenders: Under the Pretrial Integrity Act, a magistrate cannot set a secured bond for repeat DWI offenders or those charged with Habitual Impaired Driving. These defendants must be held until they appear before a District or Superior Court Judge, potentially resulting in a 48-hour detention, especially if arrested late in the week.

Understanding these specific procedures can help you navigate the bail process more effectively after a DUI arrest in New Hanover County.

Frequently Asked Questions

1Where is the New Hanover County Detention Center located? The New Hanover County Detention Center is located at 3950 Juvenile Center Road, Castle Hayne, NC 28429.

2What is the "Blue Sheet" and why is it important in New Hanover County? The "Blue Sheet" (AOC-CR-200) is a physical document that records the conditions of release and the release order. Local rules state that "No bond hearing may be conducted without the AOC-CR-200 in hand".

3What is the "48-Hour Hold" and how does it affect repeat DWI offenders in New Hanover County? The "48-Hour Hold" refers to the fact that, under the Pretrial Integrity Act, a magistrate cannot set a secured bond for repeat DWI offenders. They must be held until they can appear before a District or Superior Court Judge, potentially resulting in a 48-hour detention.

Browse licensed bail bondsmen serving New Hanover County in our bail bond directory.