CALIFORNIA CRIMINAL LAWYERS

DUI and OR Violation

Explaining OR Release in DUI Cases: Requirements & Consequences

Are you or a loved one facing DUI charges and wondering if there is a way to avoid jail time? In some cases, a court may grant an “OR” release to a DUI offender. However, it comes with strict terms and conditions that must be followed. In this article, we will discuss the requirements of an OR release, the consequences of violating it, and when your obligations end.

OR Release: What is it?

Upon arrest for a DUI offense, a defendant can either stay in jail until their case is resolved, or they can post bail and be released. In some instances, the court issues an OR, or “own recognizance,” release allowing the defendant to stay out of jail during their case proceedings. However, the court imposes certain conditions that must be met to avoid being remanded into custody until the end of the case.

Requirements of an OR Release

While an OR release allows the defendant to remain free, it comes with certain terms and conditions similar to DUI probation. The court might require the defendant to wear a monitoring device, such as a SCRAM bracelet, to prevent them from consuming alcohol while the case is still pending. Other restrictions include:

• Driving a motor vehicle without insurance or proper licensing
• Limitations on alcohol consumption
• Mandatory attendance to AA meetings

The conditions imposed by the court depend on factors such as the defendant’s prior DUI offense record, connection to a specific crash, and alleged blood alcohol concentration (BAC) levels. A skilled DUI attorney might argue to dismiss certain terms they deem excessive or unreasonable.

Consequences of Violating an OR Release

The court considers non-compliance with the terms of an OR release a serious offense, and the defendant may face severe consequences. Failure to attend AA sessions or a subsequent DUI offense might lead to revocation of the OR release and re-custody of the defendant. Additionally, the judge may increase the defendant’s bail or bond as a “change in circumstances.”

If the defendant is unable to post bail, they are held in custody until the matter is resolved. Prosecutors and courts frown upon multiple DUI offenses, and harsh probation terms and long jail sentences might follow.

When does OR Release End?

OR requirements remain in force during the case proceedings. Once the case is dismissed, or the defendant is absolved, the terms and conditions of the OR release end. It is important to note that the defendant is not bound to the OR requirements in a DUI charge but may face probation conditions.

During probation, credit is given for AA attendance during OR release. The court also considers the defendant’s conduct during OR in probation requirements. Consequently, if the defendant meets the terms of the OR release, their sentence may be reduced if found guilty of a DUI offense.

Conclusion

An OR release offers a chance for a defendant to avoid pretrial incarceration. However, it comes with conditions that must be followed. Failure to follow them results in serious consequences, including remandment in custody, increased bond, and harsh probation terms. If you or a loved one is facing DUI charges, contact Todd Spodek, a reputable DUI attorney, for legal assistance throughout your case.