Can I Get My Car Out Of Impound After a DUI In AZ?
Recommendations For Getting Your Impounded Car Back In Arizona
If you were arrested for DUI in Arizona, and you are scared of having your vehicle impounded, don’t worry, there’s help for that. Keep in mind that you can get your car back depending on the type of charges you are facing.
You should always keep in touch with your trusted Tucson DUI lawyers to receive proper guidance. But, in addition to that, you should also take note of the following recommendations.
The First Thing To Do
You must check if the vehicle impound report you received was given by the police offer. This report is often pink or yellow. This report also has a message, which usually mentions the citations, the alcoholic contents, as well as drugs and other elements.
The police cite A.R.S 28-872 for DUI impaired to the slightest degree (28-1381A1), DUI .08 or greater with 28-1381 A2, or DUI Drugs with 28-1381 A3. These are only some examples of possible citations.
What Happens If I Receive ARS 28-872 Charges?
You may retrieve your vehicle almost immediately. This report allows the police officer to impound the car of anyone who’s under arrest for a DUI. It is discretionary, but many police departments usually impound every vehicle of a driver with a DUI report.
Luckily, you should be able to receive your vehicle out of impound shortly, normally during business hours. See the impound form you received to find out the pick-up location and the list of documents you will need.
You will be charged an impound, so be aware of the fees. Contact Mesa DUI lawyers if you have doubts about this process.
What Happens With ARS 28-3511?
If you are charged with DUI 15 or greater; or Aggravated DUI, your vehicle will be on a 20-Day hold.
This report requires the police to impound your car. Plus, since there will be a 20-day hold on your vehicle, you will have to wait those 20 days before you can obtain your car. Keep in mind that the hold used to be 30 days, but the law reduced it to 20, so you can feel a bit lucky with that.
Can I Retrieve My Vehicle Early If It Has A 20-Day Hold?
That’s possible, but only under limited circumstances. The most popular way to obtain the vehicle early is to have your spouse retrieve it. Your spouse has the right to retrieve the car if impounded early, but only if you received the A.R.S 28-3512 report.
However, your spouse will have to confirm with a sign that you won’t operate the vehicle. You won’t be able to do it for one year or as long as your right to drive is suspended. There’s a civil fine of $250 if there’s a violation of this agreement.
You can consult with a Gilbert DUI attorney to get more information about retrieving your vehicle early, especially if you are not married yet.
Can I Drive My Car If It Was Impounded?
Yes, it is possible because your vehicle impoundment and your license suspension are two separate things. In other words, one document does not affect the other.
Can I Ask For a Hearing To Get My Car Out Of Impound After A DUI?
This is possible only under A.R.S. 28-1315. If you feel your car was wrongly impounded, you can request a hearing, but you have to do it within 10 days and with the police department that impounded the vehicle.
But, if the police department did not set up a hearing process, then you will have to do the process in the Justice Court where the arrest happened.
Remember that feeling not guilty of DUI is not a defense to the Impound Hearing. You can succeed with this process only if you meet certain requirements. For example, the hold is due to a suspended license but you had your license reinstated.
Contact a Trusted Mesa DUI Lawyer
Do you still have doubts about the DUI law? Do you need help with getting your vehicle out of impound or with a DUI case? Let the experts at My AZ Lawyers help you. Contact us now to obtain a free consultation.
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