Under Arizona Revised Statue 28-3511, a Police Officer can seize your car and impound it for 30 days if you are arrested for an Extreme DUI in Scottsdale. Although it is usually impossible to get your vehicle returned sooner, there are certain exceptions. For example, if you are married your spouse can recover the car because Arizona is a community property state and the vehicle is considered the property of both spouses. Also, if the car belonged to your employer, friend or anyone else, they too should be able to request a hearing and recover the vehicle. In addition to fighting your criminal charges in court,
Scottsdale DUI Vehicle Impoundment Attorney Joshua S. Davidson will aggressively seek the early release of your vehicle if it was impounded by the police when you were arrested for Extreme
Under the law, the police cannot impound your car unless you are being arrested for an Extreme DUI which requires a BAC of at least .15%. Scottsdale DUI officers use blood testing to determine the BAC of a driver charged with DUI. Because blood testing takes several weeks to complete, it is usually impossible for the police to develop probable cause for an Extreme DUI unless you voluntarily submit to a portable breath test prior to your arrest. Interestingly, the results from PBT’s are so unreliable that they cannot be used in court to prove your BAC, but they can nevertheless be used by the police to take your car for a month. This scenario underscores why
Scottsdale DUI Attorney Joshua S. Davidson strongly urges all of his clients to politely refuse the portable breath test.
About Impoundment Judgments
Although you do have the right to a hearing regarding the impoundment of your vehicle, it wont be held in front of a judge or even a neutral hearing officer. Rather, a Scottsdale Police Department employee will be the one who makes the final decision. Most Scottsdale DUI Lawyers agree that these hearing are lost before they even begin. So remember, the best way to prevent impoundment of your vehicle by the police in the first place is to refuse to submit to the handheld breath test when you are pulled over. The PBT is completely voluntarily and you are perfectly within your constitutional rights to refuse.
Vehicle Impoundment Information
Obtaining your vehicle after the 30 days have expired is tedious and expensive. In addition to towing and storage costs, you will be assessed a $150 “Administrative Fee” by the Scottsdale Police Department. Moreover, the car will not be released until you provide the police with copies of your registration and proof of insurance. Most drivers keep these documents in the glove box of their vehicle and end up having to make two trips to the impound yard before getting their car.
Scottsdale DUI Lawyer Joshua S. Davidson how important it is to get your vehicle out of impoundment so that you and your family can go on with your lives without the inconvenience of trying to figure out how to get from place to place. He will thoroughly evaluate your case and pursue any legal issues that may justify an early release of your car.