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.

Motion In Support of Elimination of The Permissive Inference Pursuant To VC23152(b)

 

In DUI cases it is important to present evidence to show your client was not driving with a BAC of .08 at the time of driving.  If no evidence is introduced to refute this, the prosecution will ask to have the trier of fact “presume” the BAC reported was the actual blood alcohol level of your client at the time of driving.

California Vehicle Code Section 23152 (b) in relevant part provides: “In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.”

“A rebuttable presumption requires the trier of fact, given a showing of the preliminary fact (here, that a chemical test result showed plaintiff had a BAC of 0.08 percent or more within three hours of driving), to assume the existence of the presumed fact (here, that plaintiff had been driving with a prohibited BAC) ‘unless and until evidence is introduced which would support a finding of its nonexistence, in which case the trier of fact shall determine the existence or nonexistence of the presumed fact from the evidence and without regard to the presumption.’ [Citation.] In other words, if evidence sufficient to negate the presumed fact is presented, the presumption disappears and “has no further effect”, although ‘inferences may nevertheless be drawn from the same circumstances that gave rise to the presumption in the first place.’” (Coffey v. Shiomoto (2015) 60 Cal.4th 1198, at pp. 1209–1210.)

In this case the testimony of the expert constituted evidence that, if believed, would support a finding of the nonexistence of the presumed fact—that the driver’s BAC was 0.08 or above at the time of driving. The expert’s testimony was founded on the recency of the driver’s drinking and was clear, direct and credible. Thus, the presumption disappeared and the trier of fact was required to weigh all the evidence and inferences to reach a determination regarding the driver’s BAC at the time of driving.  The prosecution was required to rebut the evidence presented and failed to do so.  Here, there was no evidence presented, no expert evidence contradicting the expert’s opinions and conclusions; the prosecution presented no evidence challenging the factual bases of the expert’s opinions.

Based on the evidence presented at the hearing, including the expert testimony, we submit substantial evidence supports the determination that the driver rebutted the three-hour presumption and the weight of the evidence was in the driver’s favor.

Furthermore, in criminal prosecutions special rules apply:

 "The California Supreme Court has held that a jury

instruction phrased as a rebuttable presumption in a criminal case creates an unconstitutional mandatory presumption.

(People v. Roder (1983) 33 Cal.3d 491, 497-505. In accordance with Roder, the jury instructions have

been written as “permissive inferences."

Why Did I Receive A Notice of Suspension If I Haven’t Had My DMV Hearing?

 Oftentimes the DMV will send out a notice of suspension when a DMV hearing has already been set.  Why is this?  When you were arrested and released the officer filled out Paperwork and sent it to the DMV regarding the details of the incident. This is called the “Officer Statement” and DS367.  Sometimes the officer fails to check the right boxes that he gave you a copy of the notice of suspension and when this happens the DMV will send out a new notice to ensure the driver was actually served with the paperwork.  The problem originates from the fact that there are two different offices handling the case.  One is the local Driver safety office where the arrest took place.  The second is Sacramento Main Office where the paperwork gets sent after the incident.  

When you hired us as your lawyer and we set up the DMV hearing with the local office the suspension was stopped and stayed pending that hearing.  The second notice that you got comes from Sacramento because they don’t bother to check as it is all done electronically.  

What does this mean for me?  You don’t need to do anything.  The new notice is just a duplicate and your driving privileges remain in effect because the attorney already set up a formal hearing.  The whole thing is another example of the government not being efficient and one hand not knowing what the other is doing.  The California Department of Motor Vehicles is a huge bureaucracy and this type of thing is common.  As your attorney we are handling everything and appreciate that you let us know about the correspondence though as sometimes there are legitimate issues that need to be addressed, fortunately this is not one of them.  Thank you again for retaining our Law Firm to defend you in your DUI case.