What happens if you find yourself in a situation similar to that of Kansas City Chiefs cornerback Donald Washington ? At a time he was a resident of another state, Washington was arrested for an Illinois DUI (Driving Under the Influence) charge.
In addition to DUI charges, Washington was arrested for possession of marijuana and driving on a suspended license. Apparently, Washington’s driver’s license issued by another state is suspended. Furthermore, police found a bag of crushed pills.
Because the police were unable to determine what substances the pills contained, they were sent off to the Illinois State Police crime lab for further analysis. Therefore, other charges relating to possible drug possession are pending.
Whenever a person is arrested for DUI in Illinois, the police demand bail. The purpose of bail is ensure the defendant returns to court to answer the charges. Stack v. Boyle, 342 U.S. 1, 72 S. Ct. 1, 96 L. Ed. 3 (1951)
Under Supreme Court Rules, the standard bail for a resident of Illinois for a misdemeanor DUI is $3000.00. Supreme Court Rule 526(c) In lieu of all-cash bail, an Illinois resident with a valid driver’s license may post $1,000.00 cash bail and their driver’s license. Supreme Court Rule 526 (e)
However, Illinois is unusual in that bail bondsmen have been eliminated. Rather than paying the bondsman ten percent of the bail amount, a sum that the accused never recovers even if the charges are dropped, the accused is required to post with the clerk of the court ten percent of the amount of the bail, meaning that in a DUI the cash bail will normally be $300.00, or $100.00 plus your driver’s license. Supreme Court Rule 529
If you post bail and fail to appear at trial in a DUI case, the cash you posted will be forfeited, you will find that your driver’s license is suspended and a warrant will be issued for your arrest. If the charges are dropped, bail will be refunded to whoever posted it, minus a small service charge. If you are convicted, bail may be applied to your fine or paid over to your attorney if you executed a bond assignment.