As if the legal consequences associated with a DUI charge and arrest aren’t enough trouble, many Florida DUI defendants also have to worry about recovering their car after it’s been impounded. Vehicle impoundment is the legal process of stationing a car at a lot or tow yard, which is a holding place for vehicles until they’re placed back in the owner’s control, recycled for metal, or stripped for parts. In Florida, it’s required by state law for any vehicle to be impounded after a DUI conviction.
Florida drivers may have their car impounded by the court for at least ten days and up to 30 days after being convicted of their first DUI. Vehicle impoundment is meant to discourage future drunk driving incidents. The required duration to impound your car doesn’t begin until after you’ve served jail time, if applicable. This means that after you serve your sentence, your vehicle will be impounded for a certain number of days imposed by the court.
What Does Vehicle Impoundment Mean?
Impoundment refers to putting your car in a tow or impoundment lot, which is where vehicles are kept until the owner can come and claim them. If a vehicle’s owner doesn’t claim their car after a certain period of time, the impound or tow lot can recycle the car’s metal, strip its parts for a wrecking yard, or sell it at auction to make a profit.
Understanding Vehicle Impoundment in Florida
Vehicle impoundment is a common consequence of a DUI conviction. According to Florida law, a vehicle can be impounded for a minimum of 10 days and up to 30 days for a first-time DUI offender. The impoundment period can be longer for subsequent DUI convictions. For example, a second DUI conviction can result in a 30-day impoundment period, while a third or subsequent offense can result in a 90-day impoundment period.
The purpose of vehicle impoundment is to prevent further driving while impaired and to deter future drunk driving accidents. The impoundment period does not begin until after the defendant has served any period of incarceration and is released from custody.
How Long Will Your Car Be Impounded After a DUI Conviction in Florida?
After you’re convicted of a DUI, the minimum amount of time your car will be impounded corresponds to the number of times you’ve been arrested for DUI. Florida drivers may have their car impounded by the court for at least ten days and up to 30 days after being convicted of their first DUI conviction. The required duration to impound your car doesn’t begin until after you’ve served jail time, if applicable, and varies based on the number of DUI offenses.
- If this is your first offense: A minimum of 10 days
- If this is your second offense: A minimum of 30 days
- If this is your third DUI conviction or subsequent offense: A minimum of 90 days
If you’re serving time in jail, impoundment will start after you’re released. For help sidestepping the consequences associated with a conviction—including vehicle impoundment—it’s crucial you get in touch with an experienced DUI defense lawyer as soon as possible.
Exceptions to the Impoundment Rule
There are some exceptions to the impoundment rule. For example, if the defendant can show that a family member uses the vehicle and has no other transportation, the court may waive the impoundment requirement. Additionally, if the vehicle is used for work and is operated solely by an employee of the defendant or a business owned by the defendant, the court may dismiss the order of impoundment.
Another exception is if the defendant can prove that the vehicle was stolen. In this case, the court may not require impoundment or immobilization.
How Much Does Impoundment Period Cost?
In most cases, your car will be towed to the impound lot, and you’ll be responsible for the towing fees. This price usually begins at about $90 but can escalate depending on the circumstances of the tow. Factors that can add to the costs that you will pay the towing company include the following:
- If there was a steering wheel bar or boot that had to be removed
- If the car wasn’t in a condition where it could be pulled and it had to be put on a flatbed truck
- The distance the car was taken
In some cases, individuals may be required to pay for immobilization at the probation office, highlighting the procedural steps and requirements involved in compliance with court orders.
Likewise, the city will have an impound fee, which varies among jurisdictions. It typically involves a daily charge, and you may also be required to pay a release fee.
Retrieving Your Vehicle After Impoundment
Retrieving your vehicle after impoundment can be frustrating. You will need to contact the impound lot and provide proof of ownership and insurance. You may also need to pay a fee.
It’s essential to note that the cost of impoundment can be significant, with tow fees and daily fees adding up quickly. The total cost of impoundment can range from several hundred to several thousand dollars.
Challenging Vehicle Impoundment
If you have been arrested for a DUI and are facing vehicle impoundment or immobilization, it’s crucial to have experienced legal representation. A DUI attorney can challenge the circumstances surrounding your DUI arrest and argue for an exemption from the impoundment requirement.
A DUI attorney can also negotiate with the court and present mitigating factors to reduce the length of impoundment or avoid it altogether. Successfully challenging the circumstances surrounding your DUI arrest can lead to reduced charges or even a dismissal.
In addition to challenging vehicle impoundment, a DUI attorney can also help you navigate the legal process and fight for your rights. They can help you understand the legal consequences of a DUI conviction, including jail time, fines, and the loss of your driver’s license.
If you have been arrested for a DUI, contact a reputable lawyer who specializes in DUI defense who can provide you with a free consultation and help you protect your driving privileges and avoid the costly consequences of a DUI conviction.
Contact Palm Beach County DUI Defense Lawyer Brian Gabriel
If you face a driving under the influence charge in West Palm Beach on the surrounding area and wish to avoid impounding your car, speak with a seasoned DUI defense attorney as soon as possible. For questions about vehicle impoundment or to discuss DUI defense strategies contact Criminal Defense Attorney Brian Gabriel at The Law Office of Gabriel & Gabriel today. He is dedicated to protecting your rights by evaluating your case in detail and building a sturdy defense.
Criminal Defense Attorney Brian Gabriel has served the community for more than 30 years as a DUI defense attorney. He understands the complexities involved in these cases and can help protect your reputation and future. He will handle your case using all the knowledge and skills developed over the span of his career. After a DUI arrest, you can be assured you’re in good hands and that Criminal Defense Attorney Brian Gabriel will fight for your rights. Start with a free consultation today by calling (561) 622-5575. You can also complete an online contact form to learn more.