A motor vehicle may sometimes be confiscated, towed, and impounded (held at an impound car lot) when it is involved in a traffic or parking violation.
For example, if the police arrest a driver for a DUI/DWI criminal offense they will often have the vehicle towed and impounded at an impound lot. In some states the vehicle can be retrieved beginning 8-24 hours following the impoundment. If there is a passenger who the police determine is sober or a friend or family member of the driver who arrives before the police have the vehicle towed such a person may be allowed to drive the vehicle from the scene of the DUI/DWI arrest.
In some states the vehicle may be confiscated and held at the impound lot for 30-90 days (forfeiture), and in some states up to 180 days. Vehicle confiscation usually occurs when the defendant has previous DUI/DWI convictions and is designed to prevent the defendant from using the vehicle to commit another DUI/DWI offense.
And in some states the driver's license plates or registration may be confiscated or subject to forfeiture upon a DUI/DWI arrest, or special license plates with numbers or stickers readily identifiable by law enforcement may be issued to the driver—providing probable cause for the vehicle to be stopped and the driver questioned if a police officer observes irregular driving.
The police may search the vehicle as a search incident to a lawful arrest—which is an exception to the general requirement that the police have a search warrant to comply with the Fourth Amendment to the United States Constitution. And if the vehicle is towed and impounded a police officer at the impound lot may perform an inventory search of the vehicle—which is also an exception to the Fourth Amendment warrant requirement. Any contraband the police find in such searches—such as illegal drugs or stolen goods—may subject the defendant to additional criminal charges and will be admissible in evidence against the defendant.
A driver whose vehicle is towed and impounded will be required to pay towing and storage fees to retrieve the vehicle—and depending on applicable law a vehicle that remains in an impound lot for a certain number of days (usually 30-40) may be sold at a public auction and the proceeds applied to towing and storage fees, with any remaining funds being delivered to the owner of the vehicle.
In Montana, a motor vehicle may be towed and impounded for various reasons, including traffic or parking violations, and particularly following a DUI/DWI arrest. If a driver is arrested for DUI/DWI, law enforcement typically has the authority to have the vehicle towed to an impound lot. A sober passenger or a friend or family member arriving on the scene may be allowed to drive the vehicle away to avoid impoundment. Montana law allows for vehicle forfeiture for repeat DUI/DWI offenders, which means the vehicle can be held for an extended period to prevent further offenses. Additionally, Montana may impose special license plates on drivers with DUI/DWI convictions, making the vehicles easily identifiable to law enforcement. Upon arrest and impoundment, the police can search the vehicle without a warrant as part of the arrest or during an inventory search at the impound lot. Any illegal items found can lead to additional charges. The owner of an impounded vehicle is responsible for towing and storage fees and risks the vehicle being auctioned off if it remains unclaimed for a specified period, typically around 30-40 days. It's important to consult with an attorney for specific guidance related to a particular situation, as state statutes and local ordinances can affect the process and legal outcomes.
