A DUI arrest in Florida comes with several immediate and long-term consequences, not only for you but also for your vehicle. One of the lesser-known outcomes of a DUI arrest is the impoundment or immobilization of your vehicle. Understanding what happens to your car after a DUI arrest, how to retrieve it, and the legal implications of vehicle impoundment is critical. This article will cover these essential topics and explain how a DUI attorney can help challenge field sobriety tests and potentially mitigate some of the penalties associated with a DUI arrest.
Vehicle Impoundment or Immobilization After a DUI Arrest
In Florida, vehicle impoundment or immobilization is a common consequence after a DUI arrest, especially if you are convicted of the offense. The state imposes these measures to prevent further driving while impaired and as part of the punishment for the offense.
What is Vehicle Impoundment?
Vehicle impoundment means that your car is seized and stored in an impound lot for a specific period. You are not allowed to retrieve or use the vehicle until the impoundment period has ended. Florida law mandates that your vehicle may be impounded for at least ten days following a DUI conviction. The exact duration of the impoundment depends on whether you have prior DUI offenses and the specific circumstances of your case.
- First DUI Conviction: A minimum of 10 days impoundment.
- Second DUI Conviction (within 5 years): A minimum of 30 days impoundment.
- Third DUI Conviction (within 10 years): A minimum of 90 days impoundment.
The vehicle impoundment must be ordered as part of the sentence, and the impoundment is typically carried out after any jail time is served. However, if the vehicle is operated by a family member who depends on the vehicle for transportation, the court may waive the impoundment.
What is Vehicle Immobilization?
Vehicle immobilization involves fitting the vehicle with a device that prevents it from being driven. This is an alternative to impoundment and serves the same purpose of restricting your ability to operate the vehicle. The immobilization period is usually the same as the impoundment period, but in this case, the car remains in your possession while it is disabled.
How to Retrieve Your Vehicle After a DUI Arrest
Retrieving your vehicle after impoundment can be a frustrating process, and there are several steps involved to get your vehicle back. Here’s what you need to know:
Payment of Fees
You will be required to pay all associated impound fees before your vehicle can be released. These fees include the towing cost, daily storage fees, and administrative charges imposed by the impound lot. Depending on the length of the impoundment and where your vehicle was stored, these costs can add up quickly.
Required Documentation
To retrieve your vehicle, you must present valid documentation, including:
- Proof of vehicle ownership: This can be the vehicle’s title or registration in your name.
- Proof of insurance: You must show that the vehicle is properly insured.
- Driver’s license: If your license was suspended as part of your DUI arrest, you will need to have a valid form of identification to prove ownership.
Completing the Impoundment Period
Your vehicle will only be released after the impoundment period has been completed. For example, if your vehicle was impounded for 10 days, you must wait until the 10-day period has expired before you can begin the process of retrieving your vehicle.
How a DUI Attorney Can Challenge Field Sobriety Tests in Florida
Field sobriety tests (FSTs) are frequently used by law enforcement officers to assess a driver’s level of impairment during a DUI investigation. However, these tests are not foolproof, and an experienced DUI attorney can challenge their validity in your case.
Horizontal Gaze Nystagmus (HGN) Test
The HGN test involves an officer observing the driver’s eyes as they follow a moving object. If the driver’s eyes exhibit involuntary jerking (nystagmus), it is considered a sign of impairment. However, nystagmus can be caused by various factors unrelated to alcohol or drugs, such as fatigue or medical conditions. A DUI attorney can challenge the HGN test by questioning the officer’s training and whether other factors could have caused the eye movements.
Walk-and-Turn (WAT) Test
In the walk-and-turn test, the driver is instructed to take nine heel-to-toe steps along a straight line, turn, and return in the same manner. An officer will look for signs of imbalance or difficulty following instructions. However, poor lighting, uneven surfaces, and the driver’s footwear or physical condition can all affect performance. An attorney can argue that these external factors compromised the test results.
One-Leg Stand (OLS) Test
The one-leg stand test requires the driver to balance on one leg while counting aloud. The officer watches for signs of swaying, hopping, or putting the foot down. Medical conditions, nervousness, or even adverse weather conditions can affect the outcome of this test. A DUI attorney will highlight any factors that may have influenced the test results and challenge the officer’s conclusions.
Other Consequences of Vehicle Impoundment
In addition to the inconvenience and cost of retrieving your vehicle, impoundment may have other consequences that could affect your day-to-day life.
Financial Burden
The fees associated with impoundment can place a significant financial burden on you. On top of court fines and legal fees, the impoundment fees can create additional stress. If the vehicle is not retrieved promptly after the impoundment period, storage fees continue to accumulate, further adding to the financial strain.
Employment and Transportation Issues
If your vehicle is impounded, you may experience difficulties in commuting to work or fulfilling family responsibilities. Lack of access to your vehicle can affect your ability to maintain employment, attend court-ordered DUI programs, or meet other obligations.
Impact on Insurance Rates
A DUI conviction, combined with vehicle impoundment, may lead to higher insurance premiums. Insurance companies view drivers with DUI convictions as high-risk clients, resulting in increased rates or, in some cases, cancellation of your policy. This can make driving more expensive and challenging in the long term.
Avoiding Vehicle Impoundment: The Role of a DUI Attorney
An experienced DUI attorney can help you avoid or reduce the length of vehicle impoundment by negotiating with the court and presenting mitigating factors. For instance, if your family relies on the vehicle for essential transportation, your attorney may be able to argue for an exemption from the impoundment requirement.
A DUI attorney can also challenge the circumstances surrounding your DUI arrest, including whether the officer had probable cause to stop your vehicle, the validity of the field sobriety tests, and the accuracy of any breath or blood tests administered. Successfully challenging these aspects of the case can lead to reduced charges or even a dismissal, which may prevent your vehicle from being impounded.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If you have been arrested for a DUI in Florida and are facing vehicle impoundment or immobilization, it is crucial to have experienced legal representation. Musca Law, P.A. offers a team of dedicated DUI defense attorneys who have successfully defended clients against DUI charges and helped them avoid the penalties associated with vehicle impoundment. Our team provides free consultations 24/7/365 at 1-888-484-5057 and serves all 67 counties in Florida. Contact Musca Law today to protect your driving privileges and avoid the costly consequences of a DUI conviction.