If you’ve been arrested for drunk driving, you might find yourself dealing with the frustrating situation of having your car impounded. Along with the stress of legal proceedings, you’re now facing daily impound charges. Can a police officer really impound your car after a DUI arrest?
The short answer is yes. In most jurisdictions, police departments have the authority to impound your vehicle if you’re arrested for driving under the influence (DUI). Here’s what you need to know about the process and how to handle it. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Can the Police Impound Your Car?
When you are arrested for drunk driving, the arresting officer typically has the authority to have your vehicle towed to an impound lot. While impoundment is not mandatory in every DUI case, it is a common practice. The police may allow a non-intoxicated passenger to drive the vehicle away, or they may permit you to call a family member or friend to take the vehicle. However, if these options are not available, your car will likely be impounded.
Choosing the Tow Company
You can ask the arresting officer to use a specific towing service or impound lot, but the officer is not obligated to honor your request. If you are too intoxicated to communicate clearly, the officer will choose a tow company on your behalf.
Finding Your Car
Once your car is impounded, you might not know where it is when you’re released from the police station. To find your car, contact the police department that arrested you. They will be able to provide information on which towing company or impound lot has your vehicle. Each police station may use different towing companies, so a phone call is necessary to locate your car.
Retrieving Your Car
To retrieve your car from the impound lot, you will need to present certain paperwork, including:
- A valid driver’s license
- Proof of insurance
You may also need to provide documentation proving you are the registered owner of the vehicle, such as registration papers or the vehicle title. If these documents are in your impounded car, the impound company usually allows you to retrieve them.
Additionally, you must pay any towing and impound fees before you can drive your car away. Impound fees typically range around $30 per day. If the cost of impound fees exceeds the value of your car, you may choose not to pay them. In such cases, the impound company will eventually get a lien on the car and either sell it or take it to a scrap yard.
Retrieving Your Car with a Suspended License
If your driver’s license was suspended after your DUI arrest, you still need to travel to the impound lot to retrieve your car. However, you must bring a licensed driver with you to drive your car off the lot. You will still need to provide the necessary paperwork and pay any applicable fees.
Police Searches of Impounded Cars
Law enforcement agencies are generally allowed to conduct an inventory search of your car once it is impounded. The purpose of this search is to:
- Protect the vehicle owner’s property
- Insure against claims of lost property
- Protect police from danger
The inventory search creates a list of all the property in your vehicle.
Consulting with a Criminal Defense Attorney
If you’ve been arrested for drunk driving, it’s crucial to consult with a DUI attorney. This is particularly important if you have prior DUIs or if this is your second offense. A DUI defense attorney can help you:
- Get released from jail
- Find your impounded vehicle
- Work with the prosecutor to reach a favorable plea deal
- Attend court hearings on your behalf
- Represent you at your jury trial
Even a one-time DUI can lead to misdemeanor charges, resulting in jail time, a driver’s license suspension, fines, installation of an ignition interlock device (IID), and probation. A skilled DUI lawyer can help minimize these penalties by raising legal defenses, such as demonstrating that your BAC was below the legal limit, identifying errors in the breathalyzer test administration, or showing that the police stopped you without probable cause.
At Chambers Law Firm, we have extensive experience in handling DUI cases and can provide the defense you need. Contact us today at 714-760-4088 for a free case evaluation and let us help you through this difficult time.
