If you are arrested for a DUI, then you may have to deal with a vehicle impoundment. Oftentimes, if you are arrested, the police call a tow truck and have your vehicle towed to a vehicle impounding location. There, the car is locked up until you can go and retrieve it after you have left the jail where you are kept after your arrest. In some states, your car won't be impounded until you have committed a second or third drunk driving offense. Sometimes, the courts will also require that your vehicle is impounded if this is the second or third DUI within a certain amount of time, such as five years.

Since the use of ignition interlock devices has become more popular, there have been less and less cases of vehicle impoundment associated with a DUI. Now, many individuals are instead required to install an ignition interlock device on their vehicle and keep it there for a designated amount of time instead. Some state courts believe that vehicle confiscation is an excessive punishment in some cases. In these states, the government has limited the use of vehicle confiscation. Vehicle confiscation is typically handled through the civil administrative process, rather than as a penalty imposed by the sentencing court following a DUI. This means that it is a punishment that takes place before the court case even begins in most cases.

In most cases, offenders have the option of an appeal through the civil court after an impoundment. This means that the offenders will simply have to negotiate with those in this courthouse, rather than arguing with the criminal court where the DUI case will be heard. In some cases, the offender can regain possession of the vehicle after paying the necessary fines and administrative fees. These are often in addition to the fines or fees that may be associated with your punishment. Vehicle confiscation is considered a deterrent of potential future DUI offenses, rather than a permanent solution. This is why the car is not typically held for long.

On the other hand, some states still practice vehicle seizure. This is when a car is impounded, and can't be restored for several months or even years because of restrictions. Typically, vehicle seizures are only used to keep at-risk drivers from operating their vehicles. For example, in Florida, a motorist that Is convicted of driving under the influence is still subject to vehicle confiscation and forfeiture if his or her license had already been suspended or revoked at the time of the DUI arrest. Other states have similar laws in place.

In almost all states where vehicle confiscation is practiced, there is a test that has been created to make sure that the confiscation is not an unfairly excessive punishment. Most courts have discovered that the public danger that is posed by repeat DUI offenders justifies the ability to confiscate the car in most cases. Sometimes, instead of confiscating a vehicle, the court will declare that they are going to immobilize your vehicle. The government can do this by requiring the installation of a wheel clamp or car boot on the car or any object or mechanism attached to the vehicle that does not allow movement.

While vehicle immobilization accomplishes the same goal as vehicle impoundment, it is typically cheaper for the defendant because the car does not have to be towed or stored anywhere. It can be parked in the offender's driveway, where it will stay locked until the courts determine it is safe for the suspect to drive again. If you have more questions about vehicle impoundment or want to fight a DUI charge, then talk with a local DUI attorney today to learn more!