A Proposal for an Own Recognizance Release Bail Program, with Focus on the DWI Arrest
![handle is hein.journals/idlr13 and id is 95 raw text is: A PROPOSAL FOR AN OWN RECOGNIZANCE
RELEASE BAIL PROGRAM, WITH FOCUS ON
THE DWI ARREST.
J. Walter Sinclair*
The Idaho Constitution provides that [a]ll persons shall be
bailable by sufficient sureties, except for capital offenses, where
the proof is evident or the presumption great.1 The Idaho Code2
regulates the administration of bail in the State of Idaho, but makes
no distinct provision for the release of a criminal suspect other than
by bail. The Idaho Supreme Court has prepared bail schedules for
each offense which are administered by the law enforcement agen-
cies.3 The procedure in Twin Falls County for the arrest of an
accused driver under the influence of intoxicants (the focus of this
study) was (1) the detainment of the defendant in the field, or
streets, (2) the administration of dexterity/equilibrium tests and
the subsequent arrest if the officer found probable cause of guilt,4
(3) the administration of a mobile breath alcohol test (hereinafter
referred to as MOBAT test), unless refused, and (4) the taking of
the defendant to the Sheriffs office to be booked. The defendant
was then given the alternatives of bail, jail, or calling a judge to
try to obtain a Release on his Own Recognizance (hereinafter re-
ferred to as O.R. release). Similar procedures exist in most other
Idaho counties.
In actuality, few defendants ever call a judge, due to either the
late night/early morning hour of this offense or ignorance of said
right. Thus, the choices are effectively limited to posting bail or
remaining in jail to await arraignment before a judge the next day.
*This article was co-authored by Stephen Jerry Sturgill. Under the advisement
of Judge Paul T. Smith, Mr. Sturgill conceived and implemented the program
treated in this article in Twin Falls County, Idaho and subsequently compiled
the statistical research forming the basis of this article. Mr. Sturgill is respon-
sible for a substantial portion of the writing and preparation of this article,
but is not recognized in the By-Line as a co-author because he is not a law
student and could not, therefore, fulfill law review candidacy requirements.
1. IDAHO CONST. art. 1, § 6.
2. IDAHO CODE §§ 19-2901 to -2937 (1967).
3. IDAHO R. CRIM. P. 32 (Supp. 1976). This section sets out the bail schedule
for most traffic and criminal offenses in Idaho.
4. If there was . . . . 08% by weight of alcohol in the defendant's blood, it
shall be presumed that the defendant was under the influence of intoxicating
beverages. IDAHO CODE § 49-1102(b)(2) (Supp. 1975).](ViewImageLocal?handle=hein.journals/idlr13&div=12&collection=&method=preview&ext=.png&size=3)
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A Proposal for an Own Recognizance Release Bail Program, with Focus on the DWI Arrest
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