Last Updated on June 4, 2025
When you’re arrested for drunk driving, the police aren’t about to let you get back in the vehicle and drive it back to the station. So what happens to your car after a DUI arrest? Well, that depends on a few things, but when you are arrested for driving under the influence, your vehicle could end up impounded, especially if you have multiple drunk driving convictions on your record. Here’s what you should know according to attorney Peter M. Liss.
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Will Your Car Always be Towed After a DUI?
No. Whether or not your vehicle will be towed and impounded after you’ve been arrested for drunk driving will depend on the specifics of the arrest itself. If you have a sober passenger with a valid driver’s license with you, you will usually be given the option of having that person drive the car home (or somewhere else safe) for you. Unfortunately, most drunk drivers don’t have a sober person in the vehicle with them, or they would have asked that person to drive for them in the first place.
If you were stopped at a DUI checkpoint, the police might allow you to have a friend pick up the vehicle and drive it home. This option typically isn’t available to those pulled over at the side of the road because police officers usually want to get the driver and their vehicle off the road as soon as possible. In some cases though, a particularly kind officer may give you the chance to have a friend get your car if you know someone in the immediate vicinity who could pick it up quickly.
If you pull over in a safe spot, like a parking lot, the car can sometimes be left there until you are released. While a legal parking spot on a residential street is typically safe and the side of the freeway is not, there is a lot of gray area as to what is or is not safe. If there’s any question about whether or not a location can be considered safe, this will ultimately be left up to the arresting officer’s discretion. If you know you might be buzzed when you see an officer’s lights behind you, pull into a legal parking space whenever possible in case you get arrested.
Now and again, someone who pulls over in an area that’s not safe but is right beside a safe parking area will get lucky, and the police officer will move the person’s vehicle for them. The officer has complete discretion on when to do this and rarely will, but it has happened occasionally. If you see a safe parking spot and are about to be arrested for drunk driving, you can always try politely asking the officer if they will move your vehicle before taking you to the station. It never hurts to ask.
How to Get a Car Back After a DUI
In San Diego County, police officers typically order a driver’s car to be towed after they are arrested for drunk driving. The vehicle, however, can only be released to the registered owner. Before retrieving the vehicle, you must pay for the towing fees and a daily impound charge for each day the car was stored on the lot. These fees can be notably expensive, so it is best to attempt to park in a safe spot if possible.
If you were driving someone else’s car, they can pick it up immediately, but they will still need to pay the tow and impound fees. When the vehicle is your own, you can ask a friend to pick it up for you immediately in some cases, which can help you reduce the impound fees. But first, you must fill out a form to authorize the release of the impounded vehicle to someone else. These documents are available in jail for prisoners to fill out.
Without a friend to help you, it’s advisable to pick up the car as soon as you are released from jail unless you have been subjected to a mandatory impoundment period —in which case, you should retrieve it as quickly as possible. Remember that the longer you leave your vehicle impounded, the more it will cost to get back.
Dealing With Holds on Impounded Vehicles
A hold will be placed on vehicles involved in hit-and-runs or when drivers face felony charges. In these cases, the assigned detective must release the vehicle. Sometimes, police will attempt to hold the car until they get a statement from the owner because the driver’s identity is still in question. The officers typically do this hoping to get an incriminating statement. “If a hold is placed on the vehicle, the owner should immediately hire a lawyer,” says Liss. “I get cars released all the time without my client making any statements to the police.”
Where do Vista and San Diego County Police Tow Cars After a DUI?
Each police and sheriff’s department in San Diego County contracts with different towing companies and impound lots. For example, the San Diego Highway Patrol and San Diego Police Department (SDPD) both contract with Star Towing. If the SDPD impounded your car, you can find your vehicle online through Auto Return. For any other sheriff or police department, you’ll need to call the agency that performed the arrest.
How Long Will a Car be Impounded After a DUI in California?
While some states automatically impose mandatory impoundment periods for all vehicles someone has driven while under the influence, California is not one of these states. “In most DUI cases, your car will be immediately available for release once you pay the tow and storage fees,” says Liss.
That being said, what will happen to your car after a drunk driving arrest and conviction can vary, as the judge has the discretion to order your vehicle to be impounded as an additional criminal penalty. Additionally, if you have had three or more DUIs in seven years, the judge may even rule that your vehicle is a public nuisance and order it to be sold. These sentences are not mandatory, and a top DUI defense attorney may be able to help you avoid these consequences.
In some cases, impoundment is legally required. If a driver charged with DUI already had a suspended license, the vehicle will be impounded for 30 days. Additionally, if the car is also being held for evidence, it can remain impounded for the duration of the case.
If you have been arrested for drunk driving, it may be too late to avoid having your car towed after the arrest, but your lawyer can help you avoid having your car impounded as part of your sentence. Please schedule a free initial consultation with Peter M. Liss by calling (760) 643-4050 or (858) 486-3024.
