Understanding Vehicle Impound After A DUI

 Understanding Vehicle Impounds and Holds Following a California DUI Arrest

Being arrested for driving under the influence (DUI) in California is a stressful experience, and one of the immediate consequences you may face is having your vehicle impounded and placed on hold. Understanding this process, your rights, and how to retrieve your vehicle is crucial during this challenging time.

Why Is My Vehicle Impounded?

Law enforcement officers in California have the authority to impound your vehicle under specific circumstances following a DUI arrest. Common reasons include:

• Public Safety: If you are arrested and there is no sober passenger available to drive the vehicle away safely, the police will arrange for a tow to prevent the vehicle from being left abandoned or operated illegally.
• Suspended License: If your driver's license is already suspended or revoked at the time of the DUI arrest, the vehicle will likely be impounded.
• Vehicle Code Violations: Specific sections of the California Vehicle Code (CVC) mandate impoundment for certain violations, such as a third offense for driving with a suspended license within a specified period.

What Does "Placed on Hold" Mean?

A "hold" is a temporary restriction placed by the law enforcement agency on the vehicle's release. The tow yard or impound lot cannot release the car until the "hold" is officially lifted by the arresting agency.

Holds can vary in duration:

• 2-Day Hold (48 hours): This is common when the primary issue was the driver's impairment and no other specific vehicle code violations were present.
• 30-Day Hold: This lengthier hold is typically applied if the driver was operating the vehicle while their license was suspended or revoked, or if they have prior impoundments. The intent is to prevent the individual from immediately driving again.

How Do I Get My Vehicle Back?

Retrieving your vehicle involves several steps and requires prompt action to minimize accumulating storage fees, which can be substantial.

1. Obtain a Release Form: You must contact the arresting law enforcement agency (police department or sheriff's office) to get an official vehicle release form. You may need to provide proof of ownership and a valid driver's license (or bring a licensed driver with you).  You must meet any conditions required by the agency to lift the "hold".
2. Pay Fees: Be prepared to pay administrative fees to the police agency for the release form, as well as towing and storage fees directly to the impound lot. These fees must be paid in full before the vehicle is released.
3. Act Quickly: Storage fees accrue daily. The sooner you resolve the hold and retrieve the vehicle, the less expensive the process will be.

Can I Fight the Impoundment?

Yes, you have the right to a timely post-storage hearing to contest the validity of the impoundment. This hearing is held by the law enforcement agency that authorized the tow. If you believe your vehicle was towed improperly, you should request this hearing immediately after the vehicle is impounded [2].

Navigating a DUI arrest is complex. While this guide provides general information, consulting with a qualified California DUI attorney can help you understand all your options and protect your rights regarding the criminal case and the return of your property.

The Difference Between Wet Reckless and DUI

 A "wet reckless" and a DUI are both related to impaired driving, but they represent different legal outcomes with varying consequences. A DUI (Driving Under the Influence) is a more serious offense, while a "wet reckless" (reckless driving involving alcohol) is a lesser charge often offered as part of a plea bargain.

DUI (Driving Under the Influence)

A DUI is the formal charge for operating a vehicle while impaired by alcohol or drugs.

• BAC Threshold: In the United States, a blood alcohol concentration (BAC) of 0.08% or higher typically results in a DUI charge.
• Consequences: DUI penalties are severe and can include:
  • Mandatory jail time.
  • Substantial fines and court fees.
  • Driver's license suspension by the state's Department of Motor Vehicles (DMV).
  • Mandatory participation in an alcohol education program.
  • Installation of an ignition interlock device (IID) in your vehicle.
  • A permanent criminal record for a more serious offense, which can impact employment opportunities.

"Wet Reckless" (Reckless Driving with Alcohol Involvement)

A "wet reckless" is not a specific criminal statute but rather a common shorthand for a plea bargain offered to someone initially charged with a DUI. The driver pleads guilty to a lesser charge of reckless driving, with the "wet" part indicating that alcohol or drugs were involved. The code section is VC23103.5.

• Plea Bargain: Prosecutors may offer this lesser charge if there are weaknesses in their case, such as questionable police procedures or insufficient evidence of actual impairment.
• Consequences: While less severe than a DUI, a "wet reckless" is still a serious misdemeanor:
  • Fines are generally lower than a DUI.
  • Jail time is possible but often less likely or shorter than a DUI sentence.
  • License suspension is less likely directly from the court, but the DMV might still take action.
  • It still counts as a prior alcohol-related offense if the individual receives a future DUI, leading to enhanced penalties for the second offense.
  • It often requires enrollment in an alcohol education program, similar to a DUI.

Key Differences Summarized

Feature	DUI (Driving Under the Influence)	"Wet Reckless" (Plea Bargain)
Severity	More severe criminal offense	Lesser criminal offense (misdemeanor)
Fines	Higher	Lower
Jail Time	More likely/longer	Possible, but less likely/shorter
License Impact	Inevitable suspension/revocation	Less likely direct court suspension
Future Impact	Counts as prior offense for 10 years+	Counts as prior offense for enhanced penalties in future
Insurance	Significant premium increase	Significant premium increase

In both cases, an individual's car insurance premiums will likely increase significantly due to the risk associated with an alcohol-related driving conviction. Legal representation from a qualified attorney is crucial for navigating either charge.

What to Do After a DUI Arrest: Insights from Attorney Matthew Ruff

 

Being arrested for DUI is one of the most stressful experiences a person can face. In a matter of minutes, your freedom, your reputation, and your future can feel like they’re slipping away. But a DUI arrest does not equal a conviction — and with the right legal strategy, you can often limit or even avoid the long-term consequences.

This is where experienced DUI defense attorney Matthew Ruff steps in.

For more than three decades, Matthew Ruff has focused his practice on defending individuals charged with driving under the influence. Known for his strategic thinking and relentless commitment to his clients, he has earned a reputation as one of the most trusted DUI attorneys in the region. Below, he breaks down the steps you should take immediately after a DUI arrest and why early intervention matters.

1. Your First Call Matters — Make It Count

After a DUI arrest, time is your biggest asset and your biggest enemy. The DMV gives you only a short window to contest a license suspension, and the evidence against you — such as breath-test results, body-cam footage, or dash-cam recordings — needs to be examined quickly.

Attorney Matthew Ruff advises every client to contact a qualified DUI lawyer within 48 hours of an arrest. The sooner your defense begins, the more opportunities your attorney has to challenge the evidence and protect your rights.

2. DUI Charges Are Not “Open and Shut”

Many people assume that once they fail a breath test, their case is over. Not true.

Matthew Ruff has successfully challenged DUI cases by:

• Exposing errors in breathalyzer calibration

• Demonstrating improper police procedures

• Contesting unlawful traffic stops

• Revealing medical conditions that can mimic intoxication

• Identifying inaccuracies in blood testing or chain of custody

DUI law is technical, scientific, and full of potential pitfalls for law enforcement. An experienced attorney knows how to find weaknesses that most people — and even many lawyers — would overlook.

3. Protecting Your License Is a Priority

One of the most overlooked parts of a DUI case is the DMV administrative hearing, which is completely separate from the criminal court process. The DMV has the power to suspend your license even if your criminal charges are reduced or dismissed.

Matthew Ruff has extensive experience representing clients in these hearings and understands exactly what evidence the DMV looks for. In many cases, he has prevented clients from losing their driving privileges entirely.

Torrance DUI Attorney Wins Case

 

Top Tier Torrance DUI Attorney Matthew Ruff wins case involving a .21 BAC chemical test.

Matthew Ruff's unparalleled expertise in DUI law was pivotal in dismantling a case where critical evidence was overlooked. His meticulous examination exposed procedural lapses, securing a landmark victory that restored his client's driving privileges by the DMV.  

The issue in the case was whether the government could prove the client was driving within 3 hours of the time of driving to allow for the VC 23152 permissive inference to attach.  This evidentiary inference, sometimes referred to as the “3 hour presumption”, was never established during the hearing.

The case win means the client will have his records expunged of the DWI arrest and qualify him for a no cost duplicate of his hard copy license, taken from him at the time of his arrest.

Hermosa Beach DUI Attorney Wins Case

 

In a recent case out of the Torrance Court DUI attorney Matthew Ruff was able to obtain a win of a .11 blood alcohol level breath test by showing His client was in the “absorptive phase” and was rising at the time he was driving. The defense is known as a rising blood alcohol level defense, and Matthew was successful in obtaining a dismissal of all charges and a reinstatement of the client’s drivers license.  Hermosa Beach DUI Attorney Matthew Ruff won the case with the benefit of an expert.

Matthew Ruff, a seasoned DUI attorney with 30 years of experience, expertly employs the 'Rising Blood Alcohol Defense' to challenge DUI charges. This innovative approach guarantees you avoid arrest, license suspension, and SR-22 insurance.

 Reach out to Matt at 310-686-1533 for a free consultation.

DUI Attorney Matthew Ruff New Santa Monica Office

 Just this week Matthew Ruff opened a new office in Santa Monica California.  Located at 100 Wilshire Blvd, Santa Monica CA, the office location is available for meetings with clients by appointment only.  Matthew Ruff has over 30 years experience defending folks in California for driving under the influence charges and driving while intoxicated offenses.  The new Santa Monica DUI Office location will help serve clients out of the Los Angeles airport court  (LAX Court).  The LAX Court serve Santa Monica, Malibu, Pacific Palisades, Marina del Rey, and the city of Venice.

DUI Attorney Matthew Ruff represents people for all drug and alcohol related defenses in all Los Angeles County courts. For more information where to visit Matthew Ruff’s other office locations see the links below:

Office Locations

Matthew J Ruff, Long Beach DUI Attorney

444 W. Ocean Blvd.

Long Beach CA 90802

(562) 473-5390

Matthew J Ruff, DUI Attorney

18411 Crenshaw Blvd.

Torrance CA 90504

(310) 527-4100

Matthew J Ruff, San Pedro DUI Attorney

222 W. 6th St.

San Pedro CA 90731

(310) 514-0877

Matthew J. Ruff, DUI Attorney

333 S. Grand Avenue

Los Angeles CA 90012

(877) 213-4453

Matthew J. Ruff, Huntington Beach DUI Attorney

17011 Beach Blvd.

Huntington Beach CA 92647

(877) 212-2090

Matthew Ruff, DUI Defense Lawyer -Santa Monica Office

100 Wilshire Blvd.

Santa Monica CA 90401

(877) 213-4453

☎️ Call Matt Directly NOW 310-527-4100

(You Will NOT Be “Passed Off” to a Secretary)

ICE Agents Detaining DUI Suspects

Recently, some jurisdictions have reported ICE agents detaining DUI suspects arrested and being held in their local jails. These DUI suspects are non-citizens and face deportation some legal experts say these practices are in violation of the United States Constitution.

The fact that the federal agents are detaining Person suspected of minor offenses after they have been released on those charges me and may infringe upon the fourth amendment right to be free from unreasonable seizures.  The charges most of the detainees were facing would be considered misdemeanors. 

Matthew Ruff is a Top Tier DUI Attorney in Torrance California  with over 30 years experience fighting drunk driving charges for clients.

To learn more about this-Click on the link below

 https://thetorranceattorney.com/2025/03/06/ice-detaining-non-citizens-arrested-for-misdemeanor-dui/

DUI Attorney Matthew Ruff Celebrates 30 Year Anniversary

 

This year Matthew celebrates 30 years defending clients charged with DUI and drunk driving in California.  

With offices located throughout California,  Torrance DUI Attorney Matthew Ruff, Long Beach, Matthew Ruff DUI Attorney, Los Angeles, San Pedro, Huntington Beach and other locations, Matthew is committed to helping people who need representation after a driving under the influence arrest.