Law Offices Of Daniel D. Nawara, P.A.

Getting Someone Out of the Sarasota County Jail After a DUI Arrest

Getting Someone Out of Sarasota County Jail After a DUI

If someone you care about was just arrested for DUI in Sarasota County, the first thing to know is that no amount of money gets them out immediately. Section 316.193(9) says a person arrested for DUI may not be released until they are no longer impaired, their breath or blood alcohol level is below 0.05, or 8 hours have passed since the arrest, whichever comes first. After that hold, most first-offense misdemeanor DUIs are released on a standard bond or on conditions set at first appearance, and the whole process usually plays out within a day. Here is how it works at the Sarasota County jail and what to do while you wait.

Where they are and how to find them

People arrested for DUI anywhere in the county, by the Sarasota County Sheriff's Office, the Sarasota, Venice, North Port or Longboat Key police departments, or the Florida Highway Patrol, are taken to the Sarasota County Correctional Facility at 2020 Main Street, Sarasota, FL 34237, which the Sheriff's Office operates. The jail lobby is listed as open around the clock. The Sheriff's Office posts arrest and inmate information online, and booking details usually appear there within a few hours of arrival. The breath test itself is often given in the jail's pre-booking area, even when the stop happened in Venice or North Port, which is one reason the drive to the jail and the paperwork can take a while before booking even starts.

Booking and the 8-hour hold

Booking includes a warrants check, property intake, photographs, fingerprints, a medical screening and an interview with Pretrial Services, which gathers information the first-appearance judge will use. The DUI hold runs alongside booking, not after it. Because the clock starts at the time of arrest rather than the time of arrival at the jail, a person arrested at 1 a.m. may be releasable around 9 a.m. if the jail's own processing is finished and bond has been handled, and often later. Calling the jail repeatedly does not speed any of this up; calling a lawyer can, because release paperwork and bond logistics can be lined up during the hold.

Bond: the schedule versus first appearance

Many misdemeanor DUIs in Sarasota County are bondable under the circuit's standard bond schedule, which means a bond amount is assigned at booking and can be posted as soon as the hold ends. If the bond is not posted, or if the case is not on the schedule, the person is brought before a judge within 24 hours of the arrest under Rule 3.130. At that first appearance the judge reviews probable cause, considers the factors in section 903.046, such as ties to the community, record and the nature of the charge, and sets release conditions. Those can be release on recognizance, a monetary bond, supervised pretrial release, or a combination. Bond reduction and first appearance in Sarasota covers how that hearing works and when a bond can be lowered.

How to post bond

There are two ways to post a monetary bond. A cash bond is paid in full to the jail, and the money is returned at the end of the case, less any fines or costs the court applies. A surety bond is arranged through a licensed bail bondsman, who typically charges a non-refundable premium of about 10 percent of the bond amount and may ask for collateral or a co-signer. The bondsman posts the full amount with the jail, and the premium is the cost of that service whether the case is dismissed or not. Whichever route you take, bring identification, and understand that a bond is a promise the person will appear at every court date; a missed date can forfeit the bond.

Supervised pretrial release and no-alcohol conditions

Judges in the Twelfth Circuit commonly attach conditions to a DUI release, especially when there is a prior DUI, a high breath result or a crash: no alcohol, no driving without a valid license, check-ins with Pretrial Services, and in some cases alcohol monitoring through a portable breath device or an ankle monitor. These conditions are enforced. A positive test or a missed check-in can send the person back to jail, and a violation becomes a new problem in the case. Read the release order carefully and follow it to the letter until a judge changes it.

The car

After a DUI arrest the vehicle is almost always towed from the scene to a private tow yard, not to the jail. Storage fees accrue daily, so retrieving the car quickly matters. The tow company and lot are listed on the paperwork the arrestee received, and the lot will want identification and proof of ownership or authorization. This is separate from the 10-day vehicle impoundment under section 316.193(6)(a), which is a penalty that applies only after a conviction.

The first 10 days after release

Release is where the deadlines start. The notice of suspension handed to the driver works as a temporary permit for 10 days, and the request to challenge the suspension is due to the Florida Department of Highway Safety and Motor Vehicles within 10 days of the arrest. In that same window the person should write down everything they remember about the stop, keep every piece of paperwork including the tow slip and the release order, save receipts from wherever they were that evening, note the names of anyone who was with them, and stay off social media about the arrest. The full checklist is on what to do after a Sarasota County DUI.

Felony DUI, crashes and injuries

The picture changes when the arrest involves a crash with injuries, a third DUI within 10 years, a fourth DUI, or DUI with serious bodily injury. Those are felonies, they are generally not on the standard bond schedule, and the person will see a judge at first appearance before any release. Bond amounts are higher, conditions are stricter, and a lawyer at the first appearance can make a real difference in both. The same is true when the arrest includes other charges, such as a refusal under section 316.1939, driving while license suspended, or possession.

Questions people ask

Can I bail them out before the 8 hours are up?

No. The hold in section 316.193(9) is a legal requirement, not a jail policy, and bond cannot be used to shorten it. What you can do during the hold is arrange the bond and the ride home so the release happens as soon as the hold ends.

How do I find out the bond amount?

Booking information, including any scheduled bond, is posted by the Sheriff's Office once booking is complete. If the case is going to first appearance, the amount is set there, usually the next morning.

Should I hire a bondsman or pay cash?

Cash comes back at the end of the case; a bondsman's premium does not. If the bond amount is manageable, cash is cheaper in the long run. If it is not, a bondsman is the standard route.

Do they need a lawyer at first appearance?

For a standard first-offense misdemeanor DUI, release usually happens without one. For a felony, a crash case, a high breath result or a prior record, having counsel at first appearance can change the bond amount and the conditions.

Can they drive after they get out?

For 10 days, yes, on the notice of suspension, unless a release condition says otherwise. After that the suspension takes effect unless it has been challenged or a hardship license is obtained. Driving on a suspended license is a separate crime.

The arrest was in Venice. Is the jail different?

No. Venice, North Port and the rest of South County use the same Sarasota County jail at 2020 Main Street in Sarasota. The court case, though, is heard at the South County Courthouse in Venice for misdemeanor DUIs arising south of Blackburn Point Road.

Call or text (941) 920-5514, nights and weekends too, or request a free consultation by phone or video with former prosecutor Daniel D. Nawara. For what happens after the release, see the DUI arrest process in Sarasota and Sarasota DUI lawyer.