{"id":286655,"date":"2016-04-04T10:45:08","date_gmt":"2016-04-04T15:45:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/cases\/car-impounded-after-a-dui.html"},"modified":"2026-04-20T12:14:33","modified_gmt":"2026-04-20T17:14:33","slug":"car-impounded-after-a-dui","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/cases\/car-impounded-after-a-dui.html","title":{"rendered":"Car Impoundment After a DUI"},"content":{"rendered":"\n
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Car Impoundment After a DUI<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Meagan Neil, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Car impoundment<\/span> means the police have seized your vehicle as part of a criminal case<\/span>, such as after a drunk driving arrest. You can get your car out of <\/span>impound<\/span>, but fees and driver\u2019s license<\/span> suspension can complicate the process.<\/p>\n\n <\/div>\n\n\n\n

If a police officer<\/span> or other law enforcement<\/span> official arrests you for\u00a0driving under the influence<\/span>\u00a0(DUI), there\u2019s a good chance your car could be towed and impounded<\/span>. If this isn\u2019t your first offense, after having to bail yourself out of jail, you\u2019ll be bailing your car out of an impound<\/span> lot<\/span>, too.<\/p>\n

This article discusses why cars are impounded<\/span> and how the process works. DUI <\/span>defense<\/span> lawyers<\/span><\/a> can help you complete this process and work to minimize the effects of criminal charges<\/span> on your life.<\/p>\n

Why Do Police Impound<\/span> Cars?<\/h2>\n

Under some\u00a0state DUI laws<\/span><\/a>, drivers may have their cars\u00a0impounded<\/span><\/a>\u00a0after committing a second or third drunk driving offense within a set period of time. This set period is usually five years. The vehicle <\/span>impoundment<\/span> aims to deter future drunk driving incidents by removing the vehicle from the driver\u2019s control.<\/p>\n

When Do Police Impound<\/span> Cars for a DUI Arrest<\/span>?<\/h2>\n

Vehicle confiscation for a DUI or driving while intoxicated (DWI<\/span>) offense is almost always limited to repeat offenders.<\/p>\n

Vehicle confiscation is less common with the growing use of\u00a0ignition interlock devices<\/span><\/a>\u00a0(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<\/span> has less of a reason to impound<\/span> an offender\u2019s vehicle.<\/p>\n

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\u00a0DUI checkpoints<\/a>. In most other instances, a towing company<\/span> will be called.<\/p>\n

Some state courts have also ruled that vehicle confiscation can be an excessive punishment and have limited the use of confiscation by law enforcement<\/span>. This area of DUI-related law continues to evolve. Check the\u00a0current laws in your state<\/a>\u00a0for more information.<\/p>\n

How Does the Impoundment<\/span> Process Work?<\/h2>\n

Vehicle confiscation is typically handled through a civil\u00a0administrative process<\/a>. This means it doesn\u2019t involve a penalty imposed by a criminal court following a DUI proceeding. You usually have the option of an appeal <\/a>through the civil court after an impoundment<\/span>, rather than through the criminal court that handled your drunk driving charges.<\/p>\n

How Do I Get My Car Back<\/span>?<\/h2>\n

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

You might have to obtain a release from the police department<\/span>. You generally have to be the registered owner<\/span> of the vehicle to get a car out of an impound<\/span> lot<\/span>. You\u2019ll also need a valid <\/span>driver\u2019s license<\/span> and sufficient car insurance<\/a>.<\/p>\n

Can the Police Keep My Car Forever?<\/h2>\n

Vehicle confiscation is a deterrent rather than a permanent solution to potential future DUI offenses<\/span>. However, vehicle seizure and forfeiture<\/span> can be permanent in rare cases.<\/p>\n

In Florida<\/a>, for instance, a motorist convicted of\u00a0driving under the influence<\/span>\u00a0is subject to vehicle confiscation and forfeiture<\/span> if their license was suspended or revoked<\/a> at the time over a prior <\/span>DUI<\/span> conviction<\/span>. Other states have similar rules in place.<\/p>\n

Most states require some test to determine whether motor vehicle confiscation is unfairly excessive for an underlying\u00a0criminal offense<\/a>. Most courts find that the public danger posed by repeat DUI or DWI<\/span> offenders justifies confiscation in most cases.<\/p>\n

A Criminal <\/span>Defense Lawyer<\/span> Can Help With Impoundment<\/span><\/h2>\n

A first or second DUI arrest<\/span><\/a> can be stressful enough without adding the worry of a driver\u2019s license<\/span> suspension or impounded<\/span> vehicle. When these criminal charges<\/span> lead to a conviction, you may face a longer suspended license<\/span> or possible jail time<\/span>. After an arrest, get legal advice<\/span> for your defense.<\/p>\n

A skilled DUI lawyer<\/span><\/a> can ensure you know your rights in a DUI case<\/span>. They are a type of criminal defense attorney<\/span> who can help with specific issues like vehicle <\/span>impoundment<\/span> and challenging breath tests<\/span>. A\u00a0DUI attorney<\/span>\u00a0near you can explain factors of your case, such as probable cause<\/span> or\u00a0blood alcohol content (BAC) tests<\/a>, that\u00a0can help you overcome DUI charges<\/span>.<\/p>\n\n\n

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