Getting Your Car Out Of Impound After A DUI Arrest In Arizona

What Happens To Your Car If You Get Arrested For DUI

Is your car in impound after a DUI arrest in Arizona? Was your car taken by the police department? What are your options to get it back? This article will tell you what forms you need to fill out, what steps you must take, and what you should do first.

This information is crucial for you to know what to do with your vehicle and drive it again as soon as possible. Remember that the best solution is to contact a Scottsdale DUI lawyers, but you can also take notes of this brief guide to get a better idea of your defense plan.

What Should You Do First?

The first thing you should do is check the vehicle impound report that the police officer gave you. It will frequently be pink or yellow and mention part of the information below.

You must see if your vehicle was impounded under a certain legal authority. If you are charged with DUI impaired to the slightest degree (28-1381A1), DUI.08 or greater (28-1381 A2), or DUI Drugs, the police will cite A.R.S. 28-872. (28-1381 A3). If you are charged with DUI.15 or greater (28-1382 A1), DUI.20 or greater (28-1382 A2), or Aggravated DUI, the police will cite A.R.S. 28-3511. (28-1383).

With ARS 28-872

You may immediately retrieve your vehicle if you are charged with DUI Impaired to the Slightest Degree, DUI.08, or DUI Drugs.

ARS 28-872 gives a police officer the authority to confiscate the vehicle of anyone arrested for DUI. While it is optional, many police departments have a policy of impounding every vehicle of a driver accused of DUI.

Luckily, you can get your car out of impound immediately with a Mesa DUI lawyer. Depending on the case, you may not need a lawyer, but you should contact one to receive proper guidance and avoid mistakes while picking up your car.

You will receive an impound form with the pick-up location and a list of documents you will need to take. Carefully check that form before doing anything else.

Lastly, you will be charged an impound and regulatory fee. These fees will differ from one city to the next. Call the office to find out the exact amount and payment methods accepted.

With ARS 28-3511

If you are charged with DUI.15 or higher, DUI.20 or higher, or Aggravated DUI, your vehicle will be impounded for 20 days.

According to A.R.S. 28-3511, the police must confiscate your car if you were charged with DUI.15 or higher, DUI.20 or higher, or aggravated DUI. In addition, your vehicle will be impounded for 20 days. 

This hold means you’ll have to wait 20 days to get your car back. This hold used to be for 30 days, but legislative changes reduced it to 20 days.

Is It Possible To Get Your Car Back Before The 20-Day Hold?

The best way to know that is by contacting a Chandler DUI lawyer. However, we can mention a few methods that can help. 

The most common is to have your spouse recover your vehicle early. Your spouse can recover your vehicle from impound under A.R.S. 28-3512. In exchange, your spouse must sign an agreement promising not to let you drive the car for one year or until you recover your driving privileges. 

If your spouse infringes the agreement, they will face a $250 civil fine.

If you are not married, you may still recover your vehicle if there’s a second owner listed on the title. If so, that person may also retrieve the car.

Your lender is a co-owner of your title. If you are still paying off your car loan, your financing company is almost certainly mentioned on the title as a co-owner of the car. 

As a result, your lender has the right to have your vehicle returned from impound. Furthermore, if you rent your vehicle, your creditor could be the only person who can authorize its release.

If this is the case for you, contact the co-owner right away to see if he/she/it can help you get your vehicle out of impound. You can also ask for help from an Arizona DUI lawyer.

The longer a vehicle is impounded, the more likely it will be damaged or stolen, so it is in your co-owners best interest to get it released as soon as possible.

Can I Ask For A Hearing To Have My Car Released From Impound?

If you believe your vehicle was wrongfully impounded, you may request a hearing under A.R.S. 28-1315. The police department that seized your car must receive your request for a hearing within 10 days. If the police department has not established a hearing procedure, the hearing will take place in the Justice Court where the arrest took place.

Contact a Mesa DUI Attorney For More Help

If you need help getting your vehicle out of impound or defending your DUI, contact Dove Law Firm to schedule a free consultation. You can contact us or fill in our online form. We’ll be ready to assist you and help you with your case!