Can You Lose Your Car After a DUI?
September 12, 2023
Getting bailed out of jail after a DUI might not be the only task you have to face. Repeat offenders are at greater risk of having their cars impounded.
When the authorities decide to impound your car after a DUI arrest, you need to know what to expect. It is important to remember that every case is different with its own set of circumstances. Ensure you find an experienced and trustworthy DUI attorney, like Hagar and Phillips in Lebanon, to explain all possibilities to minimize surprises.
Typically, judges will impound the car of someone arrested for a DUI if it is their second or third time being arrested for driving drunk. In Tennessee, you are likely to have your car impounded after your second offense.
The reason a judge would impound your car after a DUI arrest is simple: to keep you off the road. If you are found guilty of multiple DUIs in a given time period, a judge will want to keep you off the road as a safety to yourself and other drivers. In the judge’s eyes, this is the only way to guarantee that you will not be able to put yourself in a position to drink under the influence again.
When a judge decides you must have your vehicle impounded, it is most likely done through a civil administration process instead of a criminal court penalty. In most cases, you will have the opportunity to appeal the decision, but your appeal will be handled by the civil court, not the criminal court that handed down the decision.
If you appeal the decision, you can present evidence to the court that may sway them in your favor. There is no guarantee of success, but if there is a valid reason for an appeal it can be successful. The most important thing to remember when appealing a vehicle impoundment is to have all relevant documentation ready before presenting your case. This could include registration papers, proof of insurance, and any other documents that can support your case.
Sometimes, a lawyer may be necessary to present the evidence and make an effective case for appeal. Having the facts laid out is important before deciding how to proceed. A qualified attorney will be able to guide you through the process with ease, helping you make sure that all relevant
The most common way to have your car returned to use is by paying a fine, but there are some extreme cases where permanent seizure occurs. To speak to a Lebanon car accident lawyer about your case, please get in touch with us.
Impounding the car of someone guilty of a DUI is not viewed as a permanent solution or cure. Confiscation is a temporary deterrent meant to lessen the chance of future incidents. Regarding long-term solutions, the use of Ignition Interlock Devices (IIDs) has proven to be more effective.
IIDs require a driver to pass a Breathalyzer test before they can start their car. If there is a detectable amount of alcohol in their system, then the car will not start, and they will have to wait a certain amount of time before trying again. This time can vary from state to state but typically ranges from 30 minutes to 24 hours.
In Tennessee, after a 2nd DUI offense, you are required to undergo a substance abuse assessment and treatment if necessary. You may also be ordered to attend Alcohol Safety School, have an ignition interlock device installed on your vehicle, or do community service. Failure to comply with any of these requirements could result in jail time.
In Tennessee, after a 3rd DUI offense, you are considered a chronic offender and will face harsher penalties than those who have been convicted of fewer offenses. A 3rd DUI offense is punishable by up to 11 months and 29 days in jail, probation, fines up to $3,500, and the suspension of your driver’s license for 1-5 years. You may also be required to attend alcohol or drug counseling.
While all cases are different, after a DUI, your driver’s license may be suspended anywhere from 30 days to a year. Depending on the severity of your case, you may also face jail time and/or fines. It is important to work with an experienced DUI attorney who can help you navigate the legal system and protect your rights. An experienced attorney will review all evidence against you and advise you as to what steps should be taken.
You may have more questions about your case. While every case is different, we are here to help.
If you are charged with a DUI, contact the Lebanon TN attorneys at Hagar and Phillips immediately. We are here to help you in any way possible. If you have questions, contact a Lebanon car accident lawyer. Our deep knowledge of the legal system puts us in a great position to serve as your attorney in this confusing time. Use our Contact Form or give us a call today to learn more at 615-784-4588.
