If a police officer arrests you for driving under the influence (DUI), there’s a good chance your car could be impounded. Regardless of whether it is a first time DUI or a prior offense, the Law Enforcement Officer has the discretion to impound your vehicle after making a DUI arrest.
Under some state DUI laws, drivers may have their cars impounded only 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.
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.
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.
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.
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.
In most cases, you can regain possession of your vehicle after paying towing fees, storage fees, and any administrative fees separate from impound fees. 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.
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.If you or a loved one is in a bind as a result of criminal allegations, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
