Does Your Car Get Impounded if You Get a DUI in Arizona? State Laws and What to Expect. When Your Vehicle Can Be Taken After a DUI.
Vehicle Seizure Rules for Drunk Driving in Arizona
Your car can be taken and stored by law enforcement under specific drunk driving situations in Arizona. The state has clear rules about when police can seize your vehicle.
A.R.S. 28-3511 gives officers the authority to take your car in certain DUI cases. The law applies mainly to extreme and aggravated drunk driving offenses rather than standard DUI charges.
An extreme DUI happens when your blood alcohol content reaches .15% or higher. This is almost double the standard legal limit of .08%.
Your DUI becomes aggravated under these conditions:
- The incident results in a crash
- A child younger than 15 is riding in your vehicle
- Your driver's license is currently suspended or revoked
- You have prior DUI convictions or a criminal history
DUI impound rules also apply in other situations beyond standard drunk driving. If you are under 21 and get pulled over with any amount of alcohol in your system, police can take your car. The exact BAC level does not matter for minors.
You can also face vehicle seizure if you were ordered to install an ignition interlock device but failed to do so. Officers may impound your car if you drive without a valid license or never obtained one in the first place.
Your car can be taken if you cause an accident without insurance proof and have a suspended license. Most DUI impound situations involve multiple factors working together. A standard DUI with a BAC between .08% and .14% typically will not result in impoundment if no other violations exist.
The law requires specific circumstances to be present before officers can seize your vehicle. Understanding these rules helps you know what to expect during a DUI stop.
What Occurs Following DUI Vehicle Impoundment?
Arizona Law Mandates a 30-Day Impound Period
When police impound your vehicle after a DUI arrest, the standard hold time is 30 days under state law. You will receive a notice of impound that includes details about your arrest and where your vehicle is being stored.
You have the right to request a hearing to get your vehicle released before the 30 days end. However, early release only applies in specific circumstances.
The law allows early release hearings if:
- Your license has been reinstated
- The vehicle was reported stolen when you were arrested
- The vehicle is under a bailment agreement
- You own the vehicle but were not the person driving it during the arrest
To request a hearing, contact the police department that ordered the impoundment. Most departments require you to schedule your hearing within 10 days of when your vehicle was towed. A mesa dui lawyer can help you understand if you qualify for early release and guide you through the hearing process.
Retrieving Your Vehicle After DUI Impoundment
After the 30-day period ends, or following a successful early release hearing, you must pay all fees before getting your vehicle back. These fees go to the towing company that holds your vehicle.
You will need to obtain paperwork from the police department first. Bring this documentation to the towing company to claim your vehicle.
Be prepared to pay several types of charges:
- Daily storage fees
- Towing costs
- Administrative processing fees
- After-hours access fees (if applicable)
Arizona law permits towing companies to claim ownership of vehicles not retrieved within 10 days after the impound period expires. This means you could permanently lose your vehicle if you wait too long. Act quickly once you are eligible to retrieve it.
Do You Require Expert DUI Legal Representation?
Losing access to your vehicle creates serious problems, but a DUI conviction carries much more severe consequences. Legal penalties can include jail time, fines, license suspension, and a permanent criminal record.
Working with experienced legal representation can make a significant difference in your case outcome. An attorney can challenge evidence, negotiate reduced charges, and fight to minimize penalties.
Contact Phoenix DUI Lawyer Attorneys at Law at (602) 900-9891 to discuss your situation. Our criminal law team provides strong defense strategies for DUI cases throughout Arizona.
