When you are arrested for a DUI, your car usually does not come home with you. It gets towed, and then you are left figuring out where it went, what it will take to get it back, and whether you are allowed to drive it once you do. I am Joel Brand, and I defend DUI cases across California. Here is how vehicle impounds work after a DUI arrest, who can release the car, and how to keep a bad night from getting more expensive than it needs to be.
Why your car was towed
When the driver is taken into custody and there is no licensed, sober person available to take the vehicle, officers will have it towed and stored. This is routine and it does not by itself mean anything special about your case. The car goes to a tow yard or police impound lot, and the fees for towing and daily storage begin immediately. The first question to answer is which kind of hold your car is under, because that determines everything about how and when you get it back.
There are two very different kinds of impound
The first kind is a basic stored or courtesy tow. The car was removed because you could not drive it that night, but there is no special legal hold on it. In that situation the registered owner can usually retrieve it within a day or so, once the paperwork and the tow and storage fees are handled. For a standard first DUI where the driver has an otherwise valid license, this is often the situation.
The second kind is a 30-day hold, and it is a different animal. California law allows a 30-day impound in certain circumstances, most commonly when the person was driving on a license that was already suspended or revoked, under Vehicle Code 14602.6. Courts can also order a vehicle impounded as part of a sentence in some repeat or aggravated DUI cases. A 30-day hold means exactly what it sounds like, and the storage fees over a month can become significant.
When the 30-day hold actually applies
This is the part people get wrong. The 30-day hold is generally tied to driving on a suspended or revoked license, not to every DUI. If you had a valid license at the time of the stop and there is no separate court order, you are usually looking at the basic storage situation, not a month-long hold. If you were already suspended, the analysis is different, and that is its own serious problem covered in driving while license suspended or revoked and Vehicle Code 14601.1. Knowing which bucket you are in is the first thing to confirm.
Who can get the car released
To release a stored vehicle, the tow yard or the impounding agency will generally want to see proof that you are the registered owner or are authorized by the owner, a valid driver license for whoever will drive the car away, current registration, and proof of insurance. They will also want the towing and storage fees paid. If there is a 30-day hold, you typically cannot get the car until the hold expires unless an exception applies. If the registered owner is someone other than the arrested driver, that owner may have rights to retrieve the vehicle sooner.
You have a right to a stored vehicle hearing
If your car is under a hold, you are entitled to request a stored vehicle hearing with the impounding agency, usually within a short window after the tow. This is a chance to challenge whether the impound was proper and, in some cases, to get the vehicle released early or to argue about who is responsible for the fees. Registered owners who were not the driver, for example, often have strong arguments at these hearings. Do not assume the hold is set in stone. Ask about the hearing right away, because the deadline to request it is short.
Move fast, because storage fees run daily
Whatever bucket you are in, time costs money here. Storage fees accrue every single day the car sits in the lot, so the longer you wait, the bigger the bill. As soon as you are out, find out which yard has your vehicle, what hold it is under, and what documents you need. Handling this quickly is one of the few parts of a DUI where fast action directly saves you money.
If it is a rental, a lease, or not your car
Rentals and financed vehicles add wrinkles. A rental company will have its own process and will want to recover the car promptly. If there is a lienholder, they have an interest in the vehicle too. If the car belongs to a spouse, a parent, or a friend who was not arrested, that owner is usually in a better position to retrieve it. The common thread is that the registered owner has rights, so identify who that is and get them involved.
Do not drive on a suspended license to get it back
Here is the trap I see most often. After a DUI arrest your license may already be restricted by the temporary suspension process, and the moment you most want to drive is exactly when you go to pick up your car. Driving on a suspended license to retrieve an impounded vehicle is how a single DUI turns into a second, separate charge. Bring a licensed driver, or sort out your driving status first. Before you get behind the wheel again, understand where your license stands by reading hard versus soft license suspension and your options in a restricted license after a DUI.
The car is the small fight. Your license is the big one.
Getting your car back is the urgent, practical problem of the first day or two. But the more important clock is the 10-day deadline to protect your driving privilege, which most people miss while they are focused on the vehicle. Take care of the car, then immediately turn to the license. Start with the first 10 days after a DUI and just got a DUI, what do I do, and see how the two work together in your DUI creates two separate cases. For help getting your driving privilege restored, see getting your license back after a DUI suspension. You can get a free written case analysis below, or call me directly at (888) 271-6644. I answer my own phone, 24/7. You can also read more from the DUI blog.