You finally get your phone back after a DUI arrest, and one of the first questions you have is practical: Where is my car? You remember leaving it on the side of the road, but you do not know whether it was towed, where it was taken, or what you need to do to get it back. It is one more problem waiting for you at a time when you already have enough to figure out.
Flusche & Fitzgerald understands how quickly the details pile up after an arrest. We are here to help you sort through what happened, understand what needs your attention now, and take the next steps without having to piece everything together on your own.
Contact us today at 540-684-3527 to discuss your case and learn how we can help you.
If you have a car impounded after a DUI in Virginia, the reason matters. Virginia does not require police to impound every vehicle after a DUI arrest. Officers may arrange towing when an arrest leaves a car unattended or creates a road hazard. The reason for the impoundment determines how you can get your car back. Towing does not necessarily mean police have placed a legal hold on your vehicle.
A sober, licensed passenger may be able to drive the vehicle away with the owner’s permission. However, officers must consider the circumstances at the scene and any legal restrictions affecting the vehicle.
If no one is available to take the vehicle, police may arrange towing, especially when a vehicle creates a road hazard or must otherwise be removed under applicable law. Virginia allows officers to have qualifying unattended or immobile vehicles moved to storage for safekeeping.
If you had your car towed after a DUI arrest in Virginia, start with the law enforcement agency that handled the stop.
You or a family member can take these steps:
If you do not know which agency made the arrest, contact the police or sheriff’s office responsible for the area where the stop occurred.
This depends on whether the vehicle was towed under ordinary circumstances or was legally impounded. For an ordinary police-requested tow, Virginia law gives vehicle owners and authorized agents certain rights to access and obtain vehicles after paying lawful charges. Before visiting the lot, ask what identification, proof of ownership, and authorization the company requires.
The mistake to avoid is assuming that paying the towing bill means the company can release your car. Ask whether police or a court placed a legal hold on the vehicle and whether the lot has authority to release it. Under Virginia’s mandatory impoundment law, certain owners can request court review, and owners who were not driving may qualify for early release under specific conditions.
Towing companies may charge for moving the vehicle and storing it at an impound lot. Virginia allows local governments to regulate police-requested towing and to establish contracts specifying charges. Ask the towing company for an itemized total, accepted payment methods, and information about daily storage charges.
Some circumstances trigger DUI vehicle impoundment in Virginia. For example, a person arrested for driving while they already have DUI-related driving restrictions may face a mandatory 30-day vehicle impoundment or immobilization. A court may also order additional impoundment in qualifying cases.
A separate Virginia DUI car seizure law applies to qualifying felony DUI offenses. When the accused solely owns and operates the vehicle during the commission of the felony, Virginia may pursue seizure and forfeiture. Forfeiture involves a legal process that can result in permanent loss of the vehicle.
A Virginia DUI lawyer can help you understand whether these restrictions affect your vehicle and what options the law provides.
Flusche & Fitzgerald has focused on Virginia traffic and criminal defense since 2008 and has defended thousands of people facing charges that affect their daily lives. We bring 12 years of former prosecutorial experience to our defense work, including firsthand experience with DUI prosecutions, blood evidence, and traffic offenses. Our background helps us evaluate both the criminal allegations and the vehicle-related consequences that may follow an arrest.
If a DUI arrest has left you without your vehicle, Flusche & Fitzgerald can help you understand your legal options and the restrictions that may apply. Contact us for a free initial consultation and discuss what happened, what the law requires, and how we can help you move forward.
No. Police may arrange an ordinary tow after an arrest, but mandatory impoundment applies only when specific legal conditions exist.
A sober, licensed passenger may be able to take the car from the scene of the arrest. They will need to ask the officer if they will allow that. If not, a family member may retrieve it from storage if the lot accepts their authorization and no legal hold prevents release.
Costs vary by towing provider, applicable local rules, and storage time. Ask the facility for its current charges and whether additional fees will apply.
A first DUI arrest does not automatically require a mandatory vehicle hold. Certain other offenses or qualifying felony DUI allegations can trigger longer restrictions, court involvement, or possible forfeiture.
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