After a DUI arrest, your car will either be impounded or left legally parked at the scene, depending on the officer's discretion and local policies. If impounded, you'll face towing fees ($200-700), daily storage charges ($100+), and release fees ($75-300). You can't retrieve your vehicle until the mandatory hold period ends, which ranges from 5-30 days. You'll need valid documentation, full payment of fees, and a licensed driver present if your license is suspended. Getting your car back involves complex procedures and significant expenses – understanding the full process can help you navigate this challenging situation.
Immediate Actions During DUI Arrest
When a police officer suspects you of driving under the influence, they'll initiate a series of standardized procedures to assess your level of impairment.
You'll be asked to perform field sobriety tests, followed by a breathalyzer test to measure your breath alcohol content (BrAC).
If your BrAC exceeds the legal limit or you refuse the test, you'll be placed under arrest.
The officer will read you your Miranda Rights and take you into custody.
You'll be handcuffed and transported to either a detention facility or detox center, depending on your condition and local procedures. During this process, your vehicle may be left at the scene or impounded based on the circumstances and location. Additionally, you may be required to file an SR-22 form to demonstrate financial responsibility for future driving.
You'll receive information about your vehicle's location before your release from custody.
It's crucial to avoid discussing your arrest with anyone until you've consulted with a legal professional.
Vehicle Impoundment Process
Following a DUI arrest, law enforcement may impound your vehicle under California Vehicle Code Section 14602.8. Your car can be impounded if you have a previous DUI conviction within the past 10 years, a BAC of 0.10% or higher, or if you refuse a chemical test.
The impoundment period varies based on your situation. First-time offenders with a prior conviction face a 5-day hold, while standard DUI cases allow up to 30 days. For subsequent offenses, courts can order impoundment lasting up to 90 days.
Your vehicle will be towed to a secure impound lot with surveillance and controlled access. Additionally, penalties for DUI can significantly impact your finances and future driving privileges.
To retrieve your car, you'll need to wait until the impound period ends, provide valid documentation, and pay all fees. If your license is suspended, you'll need a licensed driver to remove the vehicle.
Cost of Vehicle Recovery
Recovering your vehicle after a DUI can lead to substantial financial costs, often reaching several thousand dollars.
You'll need to pay towing fees ranging from $200 to $700, plus impound lot release fees between $75 and $300. Storage fees can exceed $100 per day and accumulate quickly during mandatory hold periods.
The total expense includes several mandatory charges. You'll face a minimum 12-hour storage hold cost, DMV assessment fees of $250 annually for three years, and potential bail fees up to $2,500.
If you need a flatbed tow due to vehicle damage, you'll incur additional charges. Your insurance won't cover these expenses, and you must pay all fees before retrieving your vehicle from impound.
The complete financial impact of vehicle recovery represents just one portion of overall DUI-related costs. Additionally, obtaining Non-Owner SR-22 Insurance can be a necessary step for legally driving again after a DUI conviction.
Legal Rights and Requirements
After a DUI arrest, you face a complex web of legal obligations regarding your vehicle and driving privileges.
You'll need to request a DMV hearing within 10 days of your arrest to contest the automatic license suspension. The officer will likely confiscate your license and issue a temporary one valid for 30 days.
Your vehicle may be impounded for up to 30 days, especially if you're under 21 or had improperly stored alcohol.
To reinstate your driving privileges, you must file SR-22 insurance and pay all required fees. The court may mandate installation of an ignition interlock device on your vehicle, particularly for high BAC cases.
You're also required to complete a licensed DUI program, and you'll face strict restrictions on alcohol transportation in your vehicle going forward.
Preventing Future Car Impoundment
Several key strategies can help you prevent your vehicle from being impounded during a DUI stop.
First, maintain a cooperative and respectful attitude with the arresting officer, as this greatly increases your chances of avoiding impoundment. You'll want to verify your vehicle is safely parked or can be moved to a secure location.
Having a plan for alternative transportation is essential. If you have a sober passenger present, they may be allowed to drive your vehicle away. Otherwise, contact a trusted friend or family member to retrieve your car promptly.
Remember that certain circumstances make impoundment more likely, including driving on a suspended license, having previous DUI convictions, or being involved in an accident.
To protect yourself, avoid these high-risk situations and always have a backup plan for vehicle retrieval.
Conclusion
While you may worry about losing your vehicle permanently after a DUI, you'll typically have the opportunity to recover it after paying impound fees and meeting legal requirements. However, you must act quickly – most jurisdictions only hold vehicles for 30 days before initiating forfeiture proceedings. Understanding your rights and following proper procedures will help guarantee you can reclaim your car and avoid additional complications.