The warrant becomes a second, separate matter on top of the new DUI charge. It does not merge with the DUI case, and posting bail on one does not release you on the other, so expect to deal with the warrant’s own bail, court, and county.

The DUI charge alone sends you to a magistrate

People sometimes assume the warrant is why they were taken to jail instead of being handed a ticket. The DUI charge explains that by itself. When someone is arrested for a Vehicle Code offense that is not a felony, the officer must take them before a magistrate without unnecessary delay in several listed situations, and one of them is simply being charged with violating Vehicle Code section 23152 (Vehicle Code section 40302(d)). If no magistrate is available, the officer takes the person before the magistrate’s clerk or the officer in charge of a local jail, who must allow the person to post bail in the full amount on the county’s bail schedule; the jail officer may instead release the person on a written promise to appear (Vehicle Code section 40307(a)). The warrant is a separate problem layered on top of that process.

What happens to the outstanding warrant

Where the warrant was issued, and whether it is a felony or a misdemeanor warrant, decide what comes next.

Same county as the arrest. The warrant is handled in that county. For a felony warrant, the officer must take you before the magistrate who issued it or another magistrate of the same county (Penal Code section 821). When a bail amount is set on a warrant, the jail can accept bail in that amount (Penal Code section 1269b(a) and (b)).

A different county. The arresting officer must tell you in writing, without unnecessary delay, that you have the right to be taken before a magistrate in the county of arrest, and must take you there if you ask. That magistrate admits you to bail in the amount endorsed on the warrant (for a misdemeanor warrant with no amount, the magistrate may set one) and orders you to appear in the issuing court on a date no more than 25 days after you are admitted to bail (Penal Code section 821 for felony warrants; Penal Code section 822 for misdemeanor warrants). If bail is already set on the warrant, you can also post it at the jail without seeing a local magistrate (sections 821 and 822).

If you do not ask to go before a local magistrate, or do not post bail right away after being admitted to it, or (for a felony warrant) no bail is set on the warrant, the arresting officer must notify the agency that requested the arrest, and that agency must take custody of you within five days. For a felony warrant, the limit becomes five court days if the requesting agency is more than 400 miles from the county holding you (section 821).

Bail on one case does not clear the other

Posting bail discharges you from custody “as to the offense on which the bail is posted” (Penal Code section 1269b(g)). Bail on the new DUI arrest therefore does not release you on the warrant, and bail on the warrant does not release you on the DUI. Expect two case numbers, two court calendars, and possibly two bail amounts, even though both surfaced during the same arrest.

What to do

For background on the types of warrants and how one is resolved, see the warrants page. In the meantime:

  • Get the details of the warrant: which court issued it, the case number, whether it is a bench warrant or an arrest warrant, whether it is a felony or a misdemeanor warrant, and whether bail is already set on it.
  • Do not assume that posting bail on the DUI resolves the warrant, or that resolving the warrant affects the DUI charge; confirm the status of each separately.
  • Do not ignore the warrant because the DUI feels more urgent; missing a required appearance in either case can bring its own consequences.
  • Talk to a lawyer about both matters before your first court date in either one, since the timing and county for each may differ.

If you were arrested for DUI and also have a separate warrant, the Law Offices of David S. Chesley can help you work out what each matter requires. Call (800) 755-5174 to talk through both cases.