You were arrested for drunk driving and find that your car is stuck in an impound lot. You are facing new impound charges every day. Can a police officer really impound a car following a DUI arrest?
Yes. Most jurisdictions say that police departments have the authority to impound your vehicle if you are arrested for driving under the influence (DUI).
Following a vehicle impoundment, you will have to pay a:
- tow charge, and
- daily impound fees/storage fees.
1. Can the police impound your car?
If you are arrested for drunk driving, the arresting officer usually has the authority to get your vehicle towed to an impound lot.
Once a car is impounded, there is usually a certain process that the authorities have to follow.1
Note, though, that impoundment is not mandatory in DUI cases. For example, if you have a non-intoxicated passenger in the DUI case, the police may allow that person to drive the vehicle away.
Further, the police may let you phone a family member or friend to come and take the vehicle.
2. Can you pick the tow company?
You can usually ask an arresting officer to use a specific towing service or impound lot.
But the officer is not obligated to honor your request. For example, the officer may choose a tow company if you are too intoxicated to clearly communicate your request.
3. How do you find your car?
If the police pick a towing company, you will probably not know where your car is once released from the police station.
To find your car, you should contact the police department that had jurisdiction over your DUI arrest.
Each police station may use a certain towing company and impound frequently. Therefore, a phone call is typically needed to make sure you get the exact location of your car.
4. How do you retrieve your car once you find it?
You must travel to the impound lot and usually present the following paperwork to the impound company:
- a valid driver’s license, and
- proof of insurance.2
You may also have to present documentation showing that you are the true registered owner of the vehicle. This can often be done by presenting:
- registration papers, or
- the actual title to the vehicle.
Note that if any of the above are in your impounded car, the impound company usually lets you get them from the vehicle.
In addition to providing the correct paperwork, you will need to pay any towing fees and impound fees before being able to drive off with your car. Impound fees will vary, but they are usually around $30 per day.
If you ignored your impounded car for some time, the cost of impound fees may be greater than the value of your car. In these cases, you do not have to pay the fees. The impound company will eventually get a lien on the car and:
- sell it, or
- take it to a scrap yard.
5. What if you have a suspended license?
Most jurisdictions have the authority to suspend your driver’s license soon after a DUI arrest.3
If your license was suspended, you must still travel to the impound lot in order to retrieve your car. But you will have to bring a licensed driver with you so he/she can drive your car off the impound lot.
You will still also have to provide the impound company with the paperwork discussed above.
6. Can the police search your car while it is impounded?
Most jurisdictions allow a law enforcement agency to conduct an inventory search of your car after they have impounded it.4
An inventory search is supposed to be conducted to generate a list of all the property in your vehicle.
The purpose of the search is to:
- protect the vehicle owner’s property,
- insure against claims of lost property, and
- protect police from danger.5
7. Should you consult with a criminal defense attorney?
You should speak with a DUI attorney or law firm if you were arrested for drunk driving. This is especially true if you were arrested for a second DUI or have multiple prior DUIs on your record.
A DUI defense attorney or criminal defense lawyer can help in DUI cases by:
- assisting you in getting released from jail,
- finding your impounded vehicle,
- working with a prosecutor to reach a favorable plea deal,
- attending court hearings on your behalf, and
- representing you at your jury trial.
Keep in mind that even a one-time DUI/DWI can lead to misdemeanor charges. A DUI conviction can also result in:
- jail time,
- a driver’s license suspension,
- fines,
- installation of an ignition interlock device (IID), and
- probation.
A law office or DUI lawyer can help you minimize these penalties by raising a legal defense to contest your criminal charges. A few common defenses include your lawyer showing that:
- your BAC was below the legal limit,
- the police made errors when administering your breathalyzer test, and
- the police stopped you without probable cause.
Legal References:
- See, for example, Revised Code of Washinton 46.55.360.
- Note that you typically cannot retrieve an impounded vehicle if you do not meet your state’s mandatory insurance requirements.
- See, for example, California Department of Motor Vehicle’s website, “Driving Under The Influence: Age 21 And Older.”
- Colorado v. Bertine (1987) 479 U.S. 367. See also United States v. Hernandez, 297 F.Supp. 3d 1139 (2017).
- See same.
