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.