If you face a DUI charge, your car will most likely be impounded after your arrest. Under Florida law, drivers can have their car impounded by the court after being convicted of DUI for at least 10 days and up to 30 days. The point of vehicle impoundment is to deter any future drunk driving accidents by removing the car from the driver. The required period to impound your car doesn't begin until after you served any required jail time. This means that after you serve your jail sentence, your car will be impounded or immobilized at your residence for a certain number of days.
At Jonathan Blecher, P.A., I have helped many Miami residents obtain their vehicles after being arrested for DUI. While the release process is somewhat challenging, when you have me on your side, you can rest assured knowing the process will go as smoothly as possible. It is my goal to help you throughout your entire DUI case including the vehicle release proceedings.
While many DUI-related proceedings are dealt with in a criminal court, vehicle release proceedings are often handled in a civil administrative process. You may have the option to appeal through a civil court after your car was impounded instead of going through the criminal court. Depending on the situation, you may be able to regain possession of your vehicle after you pay specific fines and administrative fees. In serious cases, however, you may not be able to regain possession of your vehicle.
According to the Florida statute 316.193, you have ten days after you locate your vehicle to file a complaint with the county in which you reside to determine whether or not your vehicle was wrongfully impounded. When you file said complaint, your vehicle may be released to you by posting a bond equal to the amount of fees necessary for impoundment. Said fees can include towing and storage costs. If you notice anything missing from or wrong with your vehicle, you must give a receipt to the towing or storage company indicating said loss or damage.
The State of Florida can wave your vehicle impoundment if you can prove a family member uses your car and cannot obtain any other form of transportation. The court can also dismiss your vehicle's impoundment if your car is considered a work vehicle. This means it is operated solely by one of your employees or by your business. If a hardship or work vehicle exception applies to your case, said issue will be addressed during your sentencing. If the court decides to waive your vehicle's impoundment, you will not be required to impound your vehicle after you get out of jail.
The law firm you choose to handle your DUI case can greatly hinder or help your case's outcome. At Jonathan Blecher, P.A., I have the skills needed to ensure you receive the best possible outcome for your DUI case. I have more than 30 years of experience and during this time, I have successfully defended more than 3,000 DUI cases. As a former prosecutor, I also am aware of how the Florida criminal justice system works—inside and out—so you can have confidence that when you hire me, you are retaining a solid DUI defense.
My firm offers free case evaluations, so if you wish to learn how I can assist you during this difficult time, please do not hesitate to call me.