Can I get my vehicle back prior to the end of the 30 day impound?
If you have been arrested for a DUI, the vehicle you were driving may have been impounded for 30 days. However, you may be able to get your vehicle out of impound early if you meet any of the following conditions:
No early release, if:
- you are the sole owner.
- you cannot demonstrate any undue hardship that would result from not having your vehicle. Undue hardship includes physical disabilities or illness or the necessity of caring for someone with physical disability or illness.
Yes early release, if:
- The vehicle is stolen.
- The vehicle is subject to bailment (i.e. you leave your car with a valet or repair shop and they take a booze cruise) and is driven by an employee of a business establishment, such as a parking service or repair garage.
- Your vehicle was impounded solely for suspended license and you present proof that your driving privilege has been reinstated.
- The owner of the vehicle was not the one charged with the DUI; AND the owner is in the business of renting motor vehicles and the vehicle is registered and insured as a rental and there was a rental agreement in effect at the time of the DUI stop and impoundment.
- The spouse of the owner who was arrested for DUI agrees not to allow an unlicensed driver to drive the vehicle and that if the vehicle is impounded again there will be no early release the next time.
- The vehicle can be released to a licensed financial institution that has a security interest (a lien – they loaned you the purchase money) in the vehicle.
- A person proves to the tow yard it has a right to repossess the vehicle. They must provide either a document called an affidavit of foreclosure and/or a court order.
Of course no vehicle will be released to any driver who does not have a valid driver license, current vehicle registration, current insurance and proof of installation of a functioning certified ignition interlock device if one is so required.
The Legal Jargon: Arizona Revised Statute §28 – 3512.
If you or a loved one have been charged with a misdemeanor or felony DUI, it is important to have an experienced DUI attorney on your side. At Oracle Law Group Office, P.C., we have veteran DUI attorneys who want to handle your case and guide you through this difficult time. If you or a loved one has been charged with a DUI, every day counts. Contact us today to schedule a free consultation. At Oracle Law Group Office, we listen, we care, and we want to help.
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