When Can Police Impound Your Car?

September 18, 2024

When Can Police Impound Your Car?

Table of Contents

Understanding when the police can legally impound your car is important to avoid unexpected consequences.

There are specific situations where law enforcement officers are allowed to tow and hold vehicles, usually for safety, legal, or administrative reasons.

These rules vary slightly depending on where you live, but in the United States, the laws follow some common patterns.

In this guide, we’ll cover when and why police can impound your car, and what steps you can take if it happens to you.

Vehicle Impoundment in the US Stats

Statistic Details
Annual Vehicle Impoundments Over 1 million vehicles impounded annually in the US
Typical Cost to Retrieve Vehicle $500 to $1,500, including towing and storage fees
Percentage of Unclaimed Vehicles 20% of impounded vehicles are never reclaimed
Impoundment in Large Cities 10,000+ vehicles impounded annually in cities like Chicago
Revenue from Impound Fees $100 million generated annually from impound fees
Typical Auction Timeframe 30 to 90 days before unclaimed vehicles are auctioned off
Traffic Violation Impoundments 70% of impounded vehicles linked to traffic violations
Holiday Impoundment Increase 50% increase in impoundments during holiday seasons
Impoundment for Unpaid Fines Up to 40% of vehicles seized for unpaid fines or parking violations

There are several legal reasons why police may impound your vehicle.

Some of these include failing to follow traffic laws, engaging in illegal activities, or even having unpaid fines. These grounds are in place to ensure public safety and enforce accountability on the road.

Understanding these reasons helps you take the necessary steps to avoid impoundment, and it also prepares you to act quickly if your vehicle is towed.

Driving Without a Valid License or Registration

If you’re caught driving without a valid license or an expired vehicle registration, the police may impound your car.

For example, in California, driving without a license can result in immediate impoundment under Section 14602.6 of the Vehicle Code. This is meant to prevent unlicensed drivers from continuing to operate a vehicle illegally.

Getting your car back will require proof of a valid license or registration, which could cost between $150 and $500 depending on the situation.

Involvement in a Crime

Vehicles involved in criminal activities can be impounded by the police as part of their investigation.

For instance, if a car is used to flee a crime scene or carry illegal goods, it can be seized as evidence.

In some states, this can even result in vehicle forfeiture if it’s linked to a serious felony. Your rights in this case are more complicated, as you may need to prove your vehicle’s innocence—especially if you weren’t involved in the crime.

The legal process can be long, and costs can pile up quickly while your car sits in a tow yard.

DUI (Driving Under the Influence)

Driving under the influence is one of the most common reasons for vehicle impoundment.

If you are caught driving with a blood alcohol content (BAC) over the legal limit (0.08% in most states), the police will likely impound your car.

After a DUI arrest, your vehicle could be held for 30 days or longer, depending on your prior offenses.

During this time, storage fees often add up, costing an average of $50 to $100 per day. To avoid this, it’s best to designate a sober driver or use a ride-sharing service.

Procedures For Vehicle Impoundment

When the police impound your car, certain procedures must be followed, and understanding these steps can help you better prepare.

Once your vehicle has been towed, you may face several legal and financial hurdles to get it back.

It’s important to know what happens during the impoundment process, how long your car might be held, and what you need to do to retrieve it.

When Police Can Impound Without a Warrant

In certain situations, the police are allowed to impound a vehicle without obtaining a warrant.

This is generally permitted when the vehicle poses a public safety risk or is connected to a criminal investigation.

Below are the most common reasons why the police may impound your car without needing a court order.

  • Illegally Parked Vehicles
  • Abandoned Vehicles
  • Involvement In a Crime

Knowing when police can act without a warrant helps you understand your rights in these scenarios.

If your vehicle is impounded in any of these situations, it’s crucial to address the issue quickly to avoid costly storage fees or further legal action.

What Happens During The Impoundment Process

Once the police decide to impound your vehicle, the process begins with the car being towed to a designated impound lot.

You will be notified of the impoundment, either at the scene or by mail, depending on the circumstances. The vehicle is typically stored in a secured location until the issue is resolved.

During this time, the owner is responsible for daily storage fees, which can range from $20 to over $100 per day, depending on the city and storage facility.

If the car is involved in a crime, it may also be searched for evidence, but the police must follow certain legal guidelines when doing so.

Notifying Vehicle Owners

By law, the police must notify the vehicle owner that their car has been impounded.

If you are present during the impoundment, they will inform you at that time. Otherwise, you will receive a notification by mail.

The notice usually includes details about where your car is being held, how long it will be held, and the fees required for its release.

It is critical to respond promptly, as leaving the vehicle in the impound lot too long can result in additional costs and could even lead to the sale of your vehicle at auction.

Owner’s Rights After Impoundment

Once your vehicle has been impounded, it’s important to know that you still have rights as a vehicle owner.

Understanding these rights can help you recover your car faster and minimize the financial impact.

While the process can feel overwhelming, especially with the fees and paperwork involved, knowing what steps to take will put you in a better position to resolve the situation.

How To Retrieve An Impounded Vehicle

Getting your car out of impound can feel overwhelming, but the process is often straightforward once you understand the necessary steps.

Acting quickly is important to minimize fees and ensure you can reclaim your vehicle without unnecessary delays.

Below is a step-by-step guide to help you through the process.

  1. Verify the Vehicle’s Location
  2. Gather Required Documentation
  3. Pay Outstanding Fines and Fees
  4. Visit The Impound Lot
  5. Retrieve Your Vehicle

Following these steps will help ensure you reclaim your vehicle with as little hassle as possible.

Acting swiftly and being prepared with the correct documentation can save you from accumulating unnecessary costs.

Contesting The Impoundment

If you believe your car was wrongly impounded, you have the right to contest the action.

You can request a hearing, where you’ll have the opportunity to explain why the impoundment was not justified.

This could include situations where the car was taken without proper cause or if there was an error in the paperwork.

At the hearing, you can present evidence, such as documents proving the validity of your license or registration, to support your claim.

If the court rules in your favor, the vehicle may be released without you having to pay the fees.

However, challenging an impoundment is often time-sensitive—delays can lead to higher costs and even the sale of your vehicle.

Fees And Costs Associated With Impoundment

Impoundment isn’t just about losing access to your car—it also comes with financial consequences.

Depending on the reason for the impoundment and where it took place, you could face significant costs.

Towing fees are usually between $100 and $300, and storage fees accumulate daily, ranging from $20 to $100 per day.

Additionally, there may be administrative fees to cover the paperwork involved. These costs can add up quickly, particularly if the vehicle is held for an extended period.

If you’re unable to pay these fees right away, some cities may offer payment plans, but this option is not always available.

Knowing the exact costs and acting promptly is crucial to minimizing your financial burden.

Need Help With Vehicle Impoundment?

If your vehicle has been impounded and you’re not sure what to do next, Callendar Bowlin is here to assist you.

As a trusted Albuquerque car accident attorney, Callendar Bowlin can guide you through the legal process and help you get your car back quickly.

Call (505) 302-2995 today to protect your rights and minimize costs!