Car Impoundment After a DUI

If a police officer or other law enforcement official arrests you for driving under the influence (DUI), there’s a good chance your car could be towed and impounded. If this isn’t your first offense, after having to bail yourself out of jail, you’ll be bailing your car out of an impound lot, too.

This article discusses why cars are impounded and how the process works. DUI defense lawyers can help you complete this process and work to minimize the effects of criminal charges on your life.

Why Do Police Impound Cars?

Under some state DUI laws, drivers may have their cars impounded after committing a second or third drunk driving offense within a set period of time. This set period is usually five years. The vehicle impoundment aims to deter future drunk driving incidents by removing the vehicle from the driver’s control.

When Do Police Impound Cars for a DUI Arrest?

Vehicle confiscation for a DUI or driving while intoxicated (DWI) offense is almost always limited to repeat offenders.

Vehicle confiscation is less common with the growing use of ignition interlock devices (IIDs). These devices prevent intoxicated drivers from starting their cars. The IID aims to stop DUI offenders from driving while drunk again. As a result, an arresting officer has less of a reason to impound an offender’s vehicle.

Sometimes towing can be avoided if the vehicle is in a safe location. An officer might allow another person to take your car for you. However, this tends to happen only at DUI checkpoints. In most other instances, a towing company will be called.

Some state courts have also ruled that vehicle confiscation can be an excessive punishment and have limited the use of confiscation by law enforcement. This area of DUI-related law continues to evolve. Check the current laws in your state for more information.

How Does the Impoundment Process Work?

Vehicle confiscation is typically handled through a civil administrative process. This means it doesn’t involve a penalty imposed by a criminal court following a DUI proceeding. You usually have the option of an appeal through the civil court after an impoundment, rather than through the criminal court that handled your drunk driving charges.

How Do I Get My Car Back?

In most cases, you can regain possession of your vehicle after paying towing fees, storage fees, and any administrative fees separate from impound fees. These fees add to the many other common expenses of a DUI case.

You might have to obtain a release from the police department. You generally have to be the registered owner of the vehicle to get a car out of an impound lot. You’ll also need a valid driver’s license and sufficient car insurance.

Can the Police Keep My Car Forever?

Vehicle confiscation is a deterrent rather than a permanent solution to potential future DUI offenses. However, vehicle seizure and forfeiture can be permanent in rare cases.

In Florida, for instance, a motorist convicted of driving under the influence is subject to vehicle confiscation and forfeiture if their license was suspended or revoked at the time over a prior DUI conviction. Other states have similar rules in place.

Most states require some test to determine whether motor vehicle confiscation is unfairly excessive for an underlying criminal offense. Most courts find that the public danger posed by repeat DUI or DWI offenders justifies confiscation in most cases.

A Criminal Defense Lawyer Can Help With Impoundment

A first or second DUI arrest can be stressful enough without adding the worry of a driver’s license suspension or impounded vehicle. When these criminal charges lead to a conviction, you may face a longer suspended license or possible jail time. After an arrest, get legal advice for your defense.

A skilled DUI lawyer can ensure you know your rights in a DUI case. They are a type of criminal defense attorney who can help with specific issues like vehicle impoundment and challenging breath tests. A DUI attorney near you can explain factors of your case, such as probable cause or blood alcohol content (BAC) tests, that can help you overcome DUI charges.