What Happens to My Vehicle if I Am Pulled Over for Drunk Driving?

If you’ve been pulled over for drunk driving, you undoubtedly have a range of concerns, and one of them is likely to be what happens to your vehicle now. A better understanding of your rights and the relevant laws can help you navigate the complicated process ahead more effectively. In order to protect your legal rights, including your rights regarding your car, don’t wait to discuss your case with an experienced Tennessee DUI defense attorney.

If You Have a Valid Driver’s License

If you are stopped for DUI and are charged, the officer has discretion in the matter of how your vehicle will be handled, and if you have a valid driver’s license at the time of the stop, they may – in a best-case scenario – simply leave your vehicle parked safely on the side of the road. They can proceed to tag it as a means of alerting the Highway Patrol that the matter is under control or can simply leave it as it stands.

At this point, you can ask someone you trust to retrieve it on your behalf. Alternatively, you can pick it up yourself as soon as you’re released – as long as you have a valid temporary license in place. Acting quickly is of the essence because failure to do so can lead to a presumption of abandonment, which means your car will likely be towed.

Short-Term Impoundment

Leaving your vehicle on the side of the road is less costly than temporary impoundment and is generally far more convenient. The police, however, have the discretion to impound your vehicle, and they typically choose this option in response to factors like the following:

They don’t want to bother with helping you retrieve the vehicle – by making a call to a friend or relative, for example.
They are interested in searching your vehicle for evidence, which they have the right to do once it’s impounded.
They’re interested in making things more difficult for you, such as if they perceive you as being disrespectful.

The Specific Requirements for Vehicle Seizure

The State of Tennessee takes driving under the influence of alcohol (DUI) very seriously, and this includes in relation to your vehicle. In fact, you can lose your car in response to a DUI conviction, and the specific related condition is having a prior DUI conviction within five years of a current conviction.

This statute is designed to be remedial rather than to punish you further for breaking the law. This means that it’s designed to keep drivers who are considered unscrupulous or incompetent off the state’s roadways while under the influence. This is referred to as the “seizure of vehicle in the commission of DUI offense.”

Consult with an Experienced Tennessee DUI Defense Attorney Today

If your car has been impounded in response to a DUI, the savvy Tennessee DUI defense attorneys at Burch and Stewart Attorneys have the legal insight and resources to skillfully protect your rights in relation to both the seizure and the charge. Your case is important, so please don’t delay contacting us online or calling 931-954-1066 today.