How to Get Someone Out of Jail After a DUI

 Posted on May 23, 2025 in DUI

Getting a phone call from jail can be alarming. If you have found out that someone you care about – your child, your partner, your friend – has been arrested on DUI charges, your first priority might be to get them released. If you have any concerns about bail and bonds, an Illinois criminal defense lawyer can help.

At The Law Offices of Matthew R. Gebhardt, P.C., we have years of experience handling DUI cases. We know how intimidating it can be to be detained and held in jail, and we will do everything we can to help. Attorney Matthew Gebhardt is well-versed in traffic law and criminal defense, so you can rest assured that your loved one’s case will be in good hands.

Do You Have to Pay Bail in Illinois?

You may already be familiar with the concept of bail – that is, paying a certain amount of money to get released from jail before your court date. However, you should know that Illinois has done away with cash bail altogether.

This does not mean that you can get released from jail immediately. If your loved one has been arrested for driving under the influence, it is ultimately up to a judge to decide whether or not pretrial release is appropriate. At The Law Offices of Matthew R. Gebhardt, P.C., we can represent your loved one in a pretrial hearing, arguing for his or her rights in court.

How Do Bonds Work?

A "bond" is essentially an agreement between the defendant and the court. If you post bond after an arrest, it means that you agree to show up in court later. Many states use cash bail to get defendants to show up in court, since the money will not be refunded if the defendant misses his or her court date, and that is a major incentive for many. 

Since Illinois has eliminated cash bail, you can only be released "on your own recognizance," by promising to appear later in court. Posting a bond does not necessarily mean that you can walk free. You will have to abide by certain terms, such as not committing any more criminal violations or submitting to drug or alcohol rehabilitative treatment.

Factors That Can Affect Pretrial Release in Illinois

As previously mentioned, it is up to the judge to decide whether pretrial release is appropriate. When making a decision, the judge will consider all of the following:

• If it is certain that the defendant will appear for his or her court hearing

• Whether or not the defendant poses a risk to public safety

• The likelihood that the defendant will comply with the terms of pretrial release

If your loved one is deemed to be a flight risk, he or she may be held for an extended period. Whether or not pretrial release is granted, our lawyer can provide your loved one with counsel and representation throughout his or her case.

Meet With a Barrington, IL DUI Defense Attorney Today

If your loved one has been arrested for drunk driving, do not panic. Depending on the circumstances of his or her arrest, pretrial release may be an option. To schedule a free consultation with our Deerfield, IL criminal defense lawyer, call our offices at 847-239-4703.