A first-time driving under the influence (DUI) charge is a usually misdemeanor, a crime punishable by less than one year of incarceration. Elements of the crime include operation of a motorized vehicle, on a public road, while under the influence of a mind-alerting substance. Such substances include alcohol, prescription drugs, marijuana and other illegal substances. If a driver is arrested on DUI suspicion, the car could be towed and impounded.
Twenty-seven states require a car driven in connection with a DUI to be impounded upon the arrest of the driver. The vehicle will be towed from the location of the arrest and deposited in the impound lot of the law enforcement agency. Until the statutory period has run, a fee is paid, or a hearing held, the car will remain in the legal custody of the state. (For the list of impounding states, see Resources.)
All cars impounded by law enforcement are inventoried. Inventories are the detailed search and documentation of the items in a car. Inventories protect law enforcement from claims by car owners, and allow officers to search for additional evidence with which to build a case for prosecution.
Even if the car belongs to someone other than the driver, in certain states, it is statutorily subject to impoundment, which may be for a significant period of time. Some jurisdictions allow the scheduling of hearings at which the conditions for early release are discussed and ordered.
Laws vary from state to state, so it is best that you consult the laws of your area. For more information on state-specific DUI laws, see Resources.
