Additional Resources for DWI and Other Serious Cases

The Impounding of Your Vehicle

When a DWI driver is arrested, then his vehicle must also be impounded. This law is called “John’s Law.” More specifically, whenever a person has been arrested for a violation of DWI, or for refusal, then the police must impound the vehicle for at least twelve hours. The DWI driver must pay a reasonable fee for the towing and the storage of the vehicle. After the twelve hour period, the driver or his agent may reclaim their vehicle. Any person who picks up the DWI driver at the police station, must also promise that they won’t permit the DWI driver to drive anymore on that day or evening. The police must provide this person with a written notice of the civil and criminal penalties if he or she permits the DWI driver to operate a motor vehicle.

After the 12 hour-hour minimum impoundment period then the vehicle can be picked up provided that certain statutory requirements can be fulfilled;

1. Presentation of current driving credentials, including a valid license, proof of ownership, proof of lawful authority to operate the vehicle, and proof of current insurance.

2. Proof that the operate is capable of operating the vehicle in a safe manner and would not be in violation of any provision of the motor vehicle code as set forth under Title 39.

3. Proof that the person receiving the vehicle can comply with any other conditions for release of the vehicle that have been established by the arresting law enforcement agency.