Dealing with Car Impoundment After a DUI
Facing a DUI charge is an extremely stressful time. If your main source of transport has also been impounded, the complications of how you will get your vehicle back, as well as impound and towing fees, will all be weighing on you.
If you are facing a DUI charge in Colorado, call the experienced DUI Defense attorneys at Whitaker & Penix, LLC today at (970) 368-0602. We will aggressively present your defense and ensure your rights are upheld throughout the legal process.
DUI Stops and Car Impoundments
There are two main instances where a person may have their car impounded due to a DUI. The driver may have been pulled over on suspicion of driving under the influence or been stopped at a DUI Checkpoint. In either case, the officer will likely ask the driver to perform a Standardized Field Sobriety Test (such as the walk-and-turn, one-leg-stand, or horizontal nystagmus test) or a breathalyzer test.
Where the officer is satisfied there is sufficient evidence to justify arresting the driver for a DUI, the driver will likely be placed into custody, and their vehicle may be impounded.
When Can the Police Impound a Vehicle?
Being arrested for a DUI charge should not automatically mean your car is impounded. As significant inconvenience and cost are associated with having a car impounded, police should only use this option if no one else is present and legally able to move the vehicle to a safe space.
The justification for removing the car from the place of the arrest is that it may pose a potential safety hazard if left there. The driver suspected of a DUI is unable to drive the vehicle to a safer location, as this itself would pose a safety hazard and allow the continuation of a potential crime.
Getting Your Vehicle Back after Impoundment
If the Colorado Springs Police Department arrests a person and impounds their vehicle, it will go to the Colorado Springs Police Department Impound Lot. If a different department or agency impounds your car, you will need to contact the relevant department to ask where their impounded cars go.
It is wise to have your car removed from the impound lot as soon as possible within the operating hours to prevent fees from accumulating. The Colorado Springs Department Impound Lot has an initial impound fee of $46.75 and charges $30 every day the vehicle is in the lot. The vehicle owner can choose to drive their car out, have another person retrieve the car, or have it towed to a new location. Towing fees will vary depending on time and distance.
To drive the vehicle out, the owner must provide valid proof of their vehicle’s registration, insurance, and driver’s license. To have it towed out, the owner must present valid registration or title proof and valid ID. Authorized agents may also pick up the vehicle for the owner, provided they have ownership paperwork and proof of their authorization.
How Whitaker & Penix, LLC Can Help
If your car has been impounded following a DUI charge in Colorado, our attorneys at Whitaker & Penix, LLC can ensure the car was not impounded unjustly or searched unreasonably after your arrest.
Our skilled DUI defense attorneys are experienced in defending various DUI charges and obtaining favorable outcomes for our clients. As former prosecutors, our attorneys know what to expect from the prosecution and, therefore, can prepare to counter it.
Contact us today at (970) 368-0602 for a free consultation, so we can begin helping you.