A DUI arrest in California can trigger far more than a court case. In addition to potential criminal penalties and driver’s license suspension, many drivers are surprised to learn that their vehicle may be seized and impounded immediately an arrest. Understanding how California DUI law works, the penalties involved, and what to do if your vehicle is impounded is essential to protecting your rights and minimizing long-term disruption to your life. As such, if you have been charged with a DUI under the California law, you should contact a DUI defense attorney as soon as possible.
Overview of California DUI Law
Driving under the influence is a serious offense in California and is governed primarily by California Vehicle Code § 23152. Under this law, a driver may be arrested for DUI if they are impaired by alcohol, drugs, or a combination of both. A driver is legally presumed to be under the influence if their blood alcohol concentration (BAC) is 0.08%.Legal impairment does not always mean from alcohol, however. Drugs such as prescription medications, over-the-counter drugs, illegal substances, or any combination that affects a person’s ability to drive safely can result in a DUI charge. Evidence for impairment commonly includes breath or blood test results, officer observations, and field sobriety tests.
DUI Sentences and Legal Consequences
A DUI conviction in California carries both criminal and administrative penalties. Even a first time DUI offense can result in a license suspension, significant fines, mandatory DUI education programs, probation, and possible jail time. Financial penalties can quickly add up once court fines, assessments, and program costs are included.
Penalties increase with each subsequent DUI conviction, and California law does not reduce consequences simply because prior offenses may have occurred many years prior. A second or third DUI typically results in longer license suspensions, higher fines, mandatory ignition interlock devices, and greater jail exposure. Beyond criminal penalties, a DUI can affect insurance rates, employment opportunities, and professional licensing.
Additionally, a DUI arrest initiates a separate administrative process through the California DMV. Drivers generally have only 10 days to request a DMV hearing to challenge the automatic suspension of their driver’s license. This administrative proceeding is separate from the criminal court case and focuses solely on driving privileges. It is recommended to have an experienced criminal defense attorney by your side is crucial during both the administrative and criminal cases to help protect your right.
Understanding Vehicle Impoundment after DUI Arrest
Vehicle impoundment is a common but often overlooked consequence of a DUI arrest. Law enforcement officers may impound a vehicle at the time of arrest, especially when there is no sober, licensed driver available to take custody of it. In some cases, impoundment is mandatory, such as when the driver has a suspended license or multiple DUI convictions.
Once impounded, the vehicle is typically taken to a tow yard, where storage fees begin accumulating immediately. These costs can become substantial within just a few days. For repeat DUI offenders, California law may allow for extended impoundment periods or even vehicle forfeiture. In some circumstances, a judge may order the vehicle held for 30 days or longer, regardless of ownership, unless an exemption applies.
What To Do if Your Vehicle is Impounded After a DUI
If your vehicle has been impounded after a DUI arrest, contact the tow yard to confirm the vehicle’s location, required documentation, and daily storage costs. Delays can significantly increase expenses. An experienced DUI attorney can help determine whether the impoundment was lawful and whether you qualify for a hardship release or reduced impound period. Legal counsel can also devise strategies to help you at DMV proceedings and criminal court to limit further consequences.
Contact The Law Office of Nicolai Cocis After a DUI
If your vehicle has been impounded following a DUI arrest in California, time is critical. Towing and storage fees add up quickly, and delays can limit your options for early release. The Law Office of Nicolai Cocsi has experience helping clients challenge improper impoundments, pursue hardship releases, and protect their driving privileges while navigating both DMV and court proceedings.
Do not face the consequences of a DUI alone! Contact The Law Office of Nicolai Cocsi today to discuss your situation and learn how legal representation can help minimize vehicle impoundment issues and protect your rights.
