Phoenix Criminal Attorneys
Arizona DUI Law gives Police authority to impound your vehicle if you are charged with an Arizona DUI in certain cases. The vehicle you were driving can be impounded as a result of your Arizona DUI charge even if you are not the owner.
Vehicle Impound Laws (Arizona Revised Statute 28-3511)
Your vehicle was impounded for one or more of the following reasons:
a. The person driving the vehicle has a revoked license for any reason, a suspended driver's license for a DUI conviction, a suspended driver's license for violation of §28-3306 (points), a suspended driver's license on a previous conviction, OR has never been issued a license in Arizona or any other jurisdiction.
b. The person driving the vehicle has a revoked, suspended or canceled driver's license or has never been issued a license in Arizona or any other jurisdiction AND there is no evidence of mandatory vehicle insurance and vehicle registration AND the driver of the vehicle was in an accident with property damage, injury or death of another person.
In simple terms: Your vehicle may be impounded for 30 days if the driver at the time of the traffic stop or collision you did not possess a valid driver license or record of a driver license, had a revoked, suspended or canceled driver license, was under the age of twenty one years with alcohol in his/her body, arrested for Extreme or Aggravated driving under the influence.
This mandatory Arizona impound law applies to the vehicle the offender was driving, even if you are not the owner of the vehicle. This Arizona impound Law is separate from any Arizona DUI or other criminal charges.
You have 10 days to request a hearing to determine if the vehicle will be eligible for early release. However, check with the local authorities for specific procedures regarding the timetable, hearing and procedures.
28-3514. Hearings; notice of immobilization or storage
The owner, the owner's spouse, the lien holder or other interested party has the right to:
a. Request a Post Storage Hearing (§28-3514) within ten (10) days from the date of the enclosed Vehicle Impoundment Notice for the sole purpose of determining the validity of the impoundment or to determine whether the vehicle may be released before the end of the 30-day period.
Important Note: The city where your vehicle was impounded may have additional or different procedures that must be followed. Be certain to check your city procedures as well.
Phoenix DUI Lawyer
If you or someone you know has been charged with an Arizona DUI or other Criminal offense contact Law Office of James Novak. Call now for your Free Consultation at (480) 413-1499, with experienced Phoenix Criminal and DUI Defense Attorney
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