Who is responsible for determining whether or not to release a defendant in a DWI case?

In a DWI case, the decision to release a defendant is typically made by a supervisor of the arresting officer. This is because the supervisor has the authority to assess the circumstances surrounding the arrest, the defendant's background, and the potential risk to the community if the defendant is released. The supervisor can review the police reports, consider the details of the incident, and make an informed decision about whether releasing the defendant is appropriate.

While the arresting officer plays a crucial role in gathering evidence and assessing the situation at the time of arrest, they often do not have the final say on release decisions. A court magistrate is responsible for making decisions related to bail and court appearances, but this usually happens after detention rather than at the initial arrest stage. The defense attorney advocates for the defendant's interests but does not have authority over release decisions made by law enforcement. Thus, it is the arresting member's supervisor who holds that responsibility initially.