What happens to my car after a DUI in Florida?

People arrested for DUI usually ask about the car before anything else: where it is, how to get it back, and whether the court will take it away again. The answers come from two different places. The tow on the night of the arrest is handled by the arresting agency and a towing company, under the towing lien law in section 713.78, Florida Statutes. The impound or immobilization ordered at sentencing comes from the DUI statute itself, section 316.193(6). This page covers both. Mr. Mead's approach to the DUI charge is on the main DUI defense page.

How does it work, step by step?

1. The arrest and the tow. When the driver is taken into custody, the car is often towed at the request of the arresting agency. Each agency uses its own towing arrangement; the city pages listed below give local details. Everything else that happens after an arrest, in order, is in what happens after a DUI arrest in Florida.
2. The lien notice. A towing-storage operator that claims a lien must send a notice by certified mail to the registered owner, the insurer and any lienholder within 5 business days after the date of storage, stating the charges in an itemized statement and where the car is (s. 713.78(4)(c)).
3. Getting the car back. The owner pays the charges or goes to court. The owner, insurer or a lienholder may start a court case in the county where the car is stored to decide whether it was wrongfully taken or withheld, or whether fees were wrongfully charged (s. 713.78(5)(a)).
4. If no one claims it. The notice must warn that an unclaimed car, or one with unpaid charges, may be sold 35 days after storage for an older model or 57 days for a newer one (s. 713.78(4)(c)8.).
5. Sentencing. On a DUI conviction, the court "must at the time of sentencing" issue an order of impoundment or immobilization that lists the approved immobilization agencies and their phone numbers (s. 316.193(6)(d)).
6. Notice to others. Within 7 business days, the clerk must send notice by certified mail to the registered owner, if not the defendant, and to every lienholder of record (s. 316.193(6)(d)).
7. The impound or immobilization period. The car is stored, or locked with a device or by taking the plate and registration, for the ordered period. It cannot run at the same time as any jail term (s. 316.193(6)(a)-(c), (14)).

How long is the court-ordered impound?

"Immobilization" includes a steering wheel lock, a tire lock or wheel clamp, or a government agency taking the license plate and registration so the vehicle cannot legally be driven; "impoundment" means storing it at a storage facility (s. 316.193(14)). FLHSMV's summary describes the same periods, "Unless the family of the defendant has no other transportation." The rest of the sentence that comes with each conviction is in our Florida DUI penalties table.

When can the impound order be dismissed?

• No other transportation. The court "shall also dismiss" the order if it finds that the owner's family "has no other private or public means of transportation" (s. 316.193(6)(g)).
• An ignition interlock. The court may dismiss the order if the defendant proves a functioning, certified interlock is installed on all vehicles he or she routinely drives (s. 316.193(6)(i)). The interlock rules are on our page about ignition interlock after a Florida DUI.
• Business vehicles. The court may dismiss the order for vehicles owned by the defendant but driven only by employees of the defendant or the defendant's business (s. 316.193(6)(h)).
• Stolen or sold cars. An owner who was not driving can show the car was stolen, or was bought after the offense from someone other than the defendant; buyers from the defendant can ask for an evidentiary hearing (s. 316.193(6)(e), (f)).

What changes the answer?

• Whether there is a DUI conviction. The sentencing impound follows a DUI conviction. A case that ends another way is governed by its own terms; the Palm Beach County first-time program, for example, lists a "Ten (10) day vehicle immobilization" among its probation conditions, as our page on the Palm Beach County first-time DUI program shows.
• Prior convictions and their dates. The 5-year and 10-year look-backs decide whether one car is affected or all of them; repeat cases are discussed on our repeat DUI offenses page.
• Who owns the car. A lessor, a lienholder or a family member who owns the car has notice rights, and an innocent owner can ask for dismissal.
• Where the arrest happened. The tow company and the place to call depend on the arresting agency.
• A racing charge instead of DUI. A vehicle used in racing or a street takeover may be impounded for 30 business days at the arrest (s. 316.191(5)(c)); our street racing page covers that charge. The takeover rules, including seizure for repeat offenses, are in the street takeover and stunt driving law.

Where do I find a towed car in South Florida?

Start with the arresting agency or the tow slip. Fort Lauderdale police list Westway Towing at 775 NW 5th Ave. as the city's towing contact, and say all fees for non-consensual tows follow the rates in chapter 40.50 of the Broward County Administrative Code; more local details are on our page about Fort Lauderdale DUI and criminal cases. The City of Hollywood says that if a vehicle was towed by the city, the owner should contact the Hollywood Police Department about locating and recovering it. For a Boca Raton arrest, police contact details are on our Boca Raton DUI and criminal defense page.

Who pays for the tow and the impound?

The owner. "All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle," or by the person leasing or renting it, unless the order is dismissed, and they are paid directly to the person impounding or immobilizing the car (s. 316.193(6)(k)). The towing charges from the night of the arrest are a separate bill under section 713.78. The full list of costs is on our page about how much a DUI costs in Florida.

A worked example

For example, a hypothetical driver is arrested for DUI in Fort Lauderdale on a Friday night, and his car is towed. He is released the next day, finds the tow company's name on his paperwork, and pays the towing and storage charges on Monday rather than letting storage run. Months later he is convicted of a first DUI. At sentencing, the court orders a 10-day immobilization of the car he drove. Because he lives alone and does not have an interlock, none of the dismissal grounds applies, so he arranges for the immobilization to run after any jail time and pays the immobilization agency directly. Had his household had no other means of transportation, the court would have had to dismiss the order. The facts are invented to show how the statute works.

Common mistakes people make

• Leaving the car in storage while charges grow, or until the sale deadlines in the lien notice approach.
• Ignoring a certified-mail lien notice because it looks like junk mail.
• Not telling the court at sentencing that the family has no other transportation, when the statute requires dismissal in that case.
• Transferring the car to a relative to avoid the order, which the statute's sale rules are written to prevent.
• Driving a car that is under an immobilization order.

What to do this week

1. Find the tow slip or call the arresting agency to learn where the car is and who has it.
2. Get the car released as soon as you can, or ask a lawyer about challenging the charges.
3. If someone else owns the car, tell them so they can deal with the tow company and any notices.
4. Watch the mail for a certified lien notice and keep it.
5. Make a list of every vehicle you own or lease and who drives each one; it matters at sentencing.

Frequently asked questions

Can the court take my car for a first DUI?

Section 316.193 calls for a 10-day impoundment or immobilization of one vehicle on a first conviction, unless the order is dismissed on one of the statute's grounds. The longer periods apply only to repeat convictions within the 5-year and 10-year look-backs.

Does the impound happen while I am in jail?

No. The statute says the impoundment or immobilization "must not occur concurrently with the incarceration of the defendant" (s. 316.193(6)(a)).

What if the car belongs to my spouse or parent?

On a first conviction the order can reach the vehicle the defendant drove. The registered owner, if not the defendant, must receive notice from the clerk, and an owner who was not driving can ask for dismissal on the grounds in section 316.193(6)(e) to (g).

Can I challenge the tow charges?

Yes. The owner, the insurer or a lienholder may start a court case in the county where the car is stored to decide whether it was wrongfully taken or withheld or whether fees were wrongfully charged (s. 713.78(5)(a)).

Is there a deadline to challenge a wrongful impound?

An owner or lienholder who did not seek dismissal may, within 10 days after learning where the vehicle is, file a complaint in the county where the owner lives to decide whether it was wrongfully taken or withheld, and may post a bond to have it released (s. 316.193(6)(l)).

Does an ignition interlock replace the impound?

It can. The court may dismiss the order if a functioning, certified interlock is installed on all vehicles the defendant routinely drives (s. 316.193(6)(i)).

How can Mr. Mead help?

The car is often the first practical problem after a DUI arrest and one of the last at sentencing. Mr. Mead helps clients deal with the tow early and raises the statute's dismissal grounds at sentencing where they apply. Every case is different, and no outcome can be promised. For a confidential conversation, call (561) 362-6677, 24 hours a day.

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