Getting arrested for driving under the influence (DUI) or driving while intoxicated (DWI) is stressful enough without worrying about what happens to your vehicle. Many drivers assume they will simply be able to retrieve their car after being released, but that is not always the case. In many situations, law enforcement has the authority to tow and impound a vehicle following a DUI arrest, even if the driver owns the vehicle and it was legally registered.
Understanding why a vehicle may be towed, how impound procedures work, and what your rights are can help you navigate the situation more effectively. If you have been arrested for impaired driving, speaking with a Minneapolis DWI lawyer at Keller Criminal Defense Attorneys can help you understand both the criminal charges and the issues surrounding your vehicle.
Why Police Often Tow Vehicles After a DUI Arrest
When a driver is arrested, law enforcement’s first priority is public safety. If no sober, licensed driver is immediately available to take custody of the vehicle, officers often arrange for it to be removed from the roadway.
Several factors influence this decision. If the vehicle is blocking traffic, creating a safety hazard, or parked illegally, towing is usually the most practical option. Even if the vehicle is safely parked, department policies may require officers to impound it whenever the driver is taken into custody.
The goal is not necessarily to punish the driver but to secure the vehicle and prevent additional safety concerns.
Can Someone Else Drive Your Vehicle Home?
In some situations, police may allow another licensed driver to take possession of the vehicle instead of ordering a tow.
Whether this is permitted depends on several factors, including:
- Department policies
- State and local laws
- The location of the stop
- Whether another licensed driver is immediately available
- Whether the registered owner consents
Some departments exercise discretion, while others require towing after every DUI arrest regardless of who is available.
If you have a passenger who is sober, properly licensed, and legally able to drive, it is worth asking the officer whether that person can take the vehicle. However, the final decision generally rests with law enforcement.
What Happens After the Vehicle Is Towed?
Once a vehicle is towed, it is typically transported to an impound lot or storage facility authorized by the local government or police department.
The vehicle remains there until the owner satisfies the applicable release requirements. Depending on the circumstances, this may involve:
- Providing proof of ownership
- Presenting valid identification
- Showing proof of insurance
- Paying towing charges
- Paying daily storage fees
- Resolving any required administrative holds
Storage fees often accumulate daily, making it important to begin the retrieval process as soon as possible.
Why Some Vehicles Are Held Longer
Not every impounded vehicle can be released immediately.
Some states authorize longer impound periods when:
- The driver has prior DUI convictions.
- The driver’s license is suspended or revoked.
- The vehicle was involved in another criminal offense.
- The vehicle is needed as evidence.
- Local ordinances require mandatory impoundment.
In these situations, the owner may have to wait until legal requirements have been satisfied before the vehicle can be released.
What If the Vehicle Does Not Belong to the Driver?
Many DUI arrests involve borrowed vehicles, company cars, rental vehicles, or automobiles owned by family members.
The registered owner often has separate rights regarding vehicle retrieval. Depending on state law, an innocent owner who was not involved in the offense may be able to recover the vehicle even while the criminal case remains pending.
However, additional paperwork may be required before the vehicle is released, particularly if ownership or insurance must be verified.
The Costs Can Add Up Quickly
Many people focus on the criminal charges immediately following a DUI arrest and overlook the financial consequences of vehicle impoundment.
Common expenses include towing fees, daily storage charges, administrative processing fees, and, in some cases, costs associated with obtaining a temporary license or transportation while the vehicle remains unavailable.
If the vehicle remains in storage for an extended period, the accumulated charges may become significant. In some jurisdictions, unpaid fees can eventually result in additional collection efforts or even the sale of the vehicle under applicable laws.
Can You Challenge the Tow?
Whether you can challenge a vehicle tow depends on state law and the specific circumstances of the arrest.
Some jurisdictions provide an administrative process allowing vehicle owners to contest whether the tow or impoundment was legally justified. Others limit challenges to situations involving procedural errors or unlawful police conduct.
If you believe your vehicle was improperly towed, an attorney can evaluate whether any legal remedies may be available.
How the Criminal Case Can Affect Your Vehicle
Although the criminal case and the towing process are separate issues, they sometimes overlap.
For example, if prosecutors intend to use the vehicle as evidence, investigators may examine it before authorizing release. If the vehicle contains evidence relevant to the case, additional delays may occur.
Likewise, certain court orders or administrative actions involving your driver’s license may indirectly affect when you can legally operate the vehicle again after it has been released.
Understanding both processes helps reduce confusion during an already stressful time.
Steps to Take After Your Vehicle Is Impounded
If your vehicle has been towed following a DUI arrest, acting promptly can reduce unnecessary expenses and complications.
Start by determining where the vehicle was taken and what documentation is required for release. Contact the impound facility to confirm its hours, accepted payment methods, and any additional requirements before arriving.
You should also preserve every document connected to both the arrest and the towing process. Keep copies of receipts, towing invoices, storage charges, police paperwork, and any correspondence related to the impound. These records may become important later if questions arise about the fees or procedures that were followed.
Finally, make transportation arrangements that do not create additional legal problems. If your license has been suspended or restricted, do not attempt to drive until you fully understand the terms of your driving privileges.
Why Legal Representation Matters
A DUI arrest affects far more than your ability to drive home that day. Criminal charges, license suspension proceedings, insurance consequences, fines, and vehicle impoundment often move forward at the same time.
Keller Criminal Defense Attorneys help individuals understand each stage of the legal process, evaluate the evidence supporting the charges, and protect their rights throughout the proceedings. Early legal guidance may also help you understand deadlines, court requirements, and the steps necessary to recover your vehicle while your case is pending.
Every DUI case is different, and the outcome often depends on the specific facts surrounding the arrest. Knowing your rights, acting promptly after your vehicle is towed, and obtaining qualified legal advice can help you make informed decisions as you move through the legal process.
