TAMPA DUI VEHICLE IMPOUNDMENT
Hillsborough County DUI Lawyers And Attorneys
At the conclusion of a DUI case, assuming a conviction, one of the conditions which must be met is a 10 day vehicle impound of the car involved at the time of arrest. Florida Statute 316.193 (6) (a) provides:
With respect to any person convicted of a violation of [DUI]…
The court must also, as a condition of probation, order the impoundment or immobilization of the vehicle that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days.
Contrary to belief, the individuals car is not taken and physically impounded at an impound lot, AND the impound DOES NOT take place until after the criminal case is resolved. Rather, the defendant’s vehicle is discreetly ‘booted’ in their driveway, which effectively “takes the car off the road.” In some circumstances, steering wheel lock is installed to prevent the car from being driven.
In some circumstances, we are able to request the vehicle impound be waived. Common scenarios in which the impound may be waived depend on whether the car belonged to the defendant; whether the defendant lives out of state or whether the car is the only vehicle in the household.
Many times, the car is the only vehicle in the household. More often than not, the Judge will grant the request and not make the impound a condition knowing that the family needs to use the car for other purposes to maintain their livelihood.
At sentencing, we can request the Judge waive the car impound requirement by representing that the car doesn’t belong to the defendant or that the car is no longer operable or the defendant lives out of state. In each scenario, it does not benefit Hillsborough County to impound the vehicle because the purpose of the impound is to remove the defendant from driving his or her car for a certain period of time.