Legal Question in DUI Law in Massachusetts

Re: Bail for drunk drivers

Yes.

Bail is determined during a hearing. The DA tells the judge what amount of bail or why the person should be held without bail. The defendant's attorney will explain why the person should be released on bail or on personal recognizance.

The court then decides. A person who is released on bail, can be required to meet pre-trial conditions.

I think this addresses the question you asked, but maybe not the question you had in mind.

Feel free to contact me with any more questions.

Re: Bail for drunk drivers

The purpose of bail is two-fold: (1) to ensure that that defendant will show up for his/her future court dates, and (2) to protect the community from people who might pose a danger if allowed to be released prior to trial. With respect to a drunk driving charge, if the defendant has substantial ties to the community and does not have a history of failing to appear for court dates, he/she would probably be able to avoid a high bail based on likelihood of not appearing for future court dates. With respect to the issue of being a "danger to the community," our judicial system presumes that the defendant is innocent until proven guilty. Accordingly, unless there are egregious circumstances (e.g., several prior drunk driving arrests or other reasons to believe the individual is imminently dangerous), the likelihood of a high bail based on "danger to the community" would not normally be great either.