If you have been Arrested for DUI in Philadelphia, your car will be impounded. If you are found guilty of DUI, your vehicle will be required to be impounded for an additional period of time. The impoundment of a vehicle can be costly, as fees are calculated per day in impound, and may eventually add up to many hundreds or even thousands of dollars.
An impounded car can be searched even if the underlying cause of your arrest was due to driving under the influence. Having a knowledgeable attorney while facing driving under the influence charges can help you explore the possibility that your car might have been searched illegally and, if it was, any contraband found in the car can potentially be used against you in your case. One of our experienced DUI attorneys not only know the applicable laws of driving under the influence but are also familiar with the laws surrounding the legality of certain searches and how such legalities might affect your constitutional rights.
If your vehicle has been or is scheduled to be impounded, it may be possible to secure a waiver. Contact The Law Offices of Greg Prosmushkin, P.C. to speak with a DUI attorney to discuss your options.
Once your vehicle is taken to and stored in an impound lot, the fees will begin to accumulate rapidly. If your car was taken to a lot after your DUI arrest, you should arrange to retrieve the vehicle as quickly as possible to avoid incurring additional fees. Although you may not feel that you are guilty of a DUI, and that the impoundment was therefore unjust, the amount is minimal relative to the fees you will incur if you wait. In the grand scheme of a DUI Charge, this is a small problem, and you should resolve it immediately whenever possible.
While avoiding significant fees should not be too troublesome in this circumstance, the same may not be the case if found guilty of a DUI and required to surrender your car to impound. Remember, these lots charge by the day, and are happy to hold your vehicle as long as possible to drive those fees up. Therefore, you should wait until the conclusion of any possible DUI jail sentence prior to impounding the vehicle. This way you will not be responsible for more fees than required due to potential sentence-impound overlap. The length of impoundment varies depending on your DUI history:
- First offense: Impounded for 10 days
- Second offense in 5 years: Impounded for 30 days
- Third offense in 10 years: Impounded for 90 days or more
Common Impound Questions
- What if the vehicle in use at the time of the DUI arrest was not mine? The vehicle may be impounded by the police. It is possible that the vehicle may be required to be impounded upon the issuance of an impoundment order as well.
- How can I obtain a waiver from impoundment? There are a few ways: (1) if the owner shows the vehicle was stolen, (2) if the owner can show the vehicle was bought after the offense, but not as a means by which to avoid impoundment, or (3) the vehicle is the sole transportation of the owner’s family.
- Where will my car be impounded upon the issuance of an impoundment order? The impound order may be satisfied by either using an approved private organization to detain the vehicle or by delivering it to a public impound lot.
- What happens if I fail to comply with an impoundment order? Either the driver or owner failing to follow the order may result in a violation of the driver’s probation. Therefore, it is imperative that the driver make appropriate arrangements with the owner whenever necessary.
Why Do I Need a Lawyer?
A lawyer can help you to prepare a waiver request or assist you in other aspects of handling your DUI. A DUI is a serious offense, and all aspects of a DUI should be handled diligently and with the assistance of counsel.
This content was written on behalf of Greg Prosmushkin.