When you're arrested for DUI in Florida, the first thought that may hit you is: what happens to my car? If you're like most clients I've helped over the years, you were likely pulled over late at night, and within minutes, everything spiraled. Maybe it was a faulty breath test. Maybe the officer never had a reason to stop you in the first place. But the moment you're in handcuffs, your vehicle becomes part of the case.
As a Florida DUI defense attorney, I've seen this happen too many times. Your vehicle can be towed, impounded, or even seized depending on the circumstances. Florida law allows law enforcement agencies to impound your vehicle after a DUI arrest, and in certain repeat cases, they may push for civil forfeiture. This adds insult to injury, especially when the arrest itself may be based on flawed evidence, including body cam misinterpretations, faulty test results, or unconstitutional stops.
Florida DUI Vehicle Impoundment: What the Law Says
Under Florida law, law enforcement has the authority to tow and impound your vehicle after a DUI arrest. This typically falls under local ordinances or department policies, but the Florida Statutes do allow temporary immobilization or impoundment in many DUI cases.
For a first DUI offense, the vehicle may be released the next day or after payment of towing and storage fees. However, if it's a second or third offense, or if your license is suspended or revoked at the time of arrest, the vehicle may be impounded for 10 days or more. The court can also impose mandatory immobilization as a condition of sentencing, even if the vehicle was returned to you earlier.
In felony DUI cases—such as when there's property damage, serious injury, or a repeat offense—the court may allow the state to pursue vehicle forfeiture under Florida's contraband forfeiture laws. This means the state could attempt to permanently seize your vehicle.
Common Issues with Body Cam Footage and Probable Cause
I always request the body cam footage as soon as I'm retained. What we often find is inconsistent behavior between what the officer reports and what actually happened on video. I've seen cases where the stop was initiated on a claim of weaving, but the footage shows a clean lane hold. Sometimes the officer will say you were slurring or stumbling, but the body cam reveals steady balance and clear speech.
These discrepancies matter. If the officer lacked legal justification to pull you over, the entire arrest—and any resulting vehicle impound—may be invalid. This is why having a private Florida DUI defense attorney who knows what to look for is essential. Public defenders are overwhelmed and rarely challenge body cam footage unless something is glaring.
Breath Tests, Urine Tests, and Faulty Procedures
If the officer administered a breathalyzer or urine test after your arrest, I take a close look at how those tests were performed. Florida law requires that these tests follow strict protocol, including observation periods and equipment calibration. In one case, I was able to get all charges dismissed because the breath test machine hadn't been properly calibrated for over six months, despite the agency claiming it was "in working order."
If the arrest is deemed unlawful due to procedural errors, then the towing and impoundment also become questionable. This can provide leverage in court, particularly if prosecutors want to avoid suppression motions that might dismiss the entire case.
Case Example: DUI Dismissed and Vehicle Returned
I represented a client in Tampa who was pulled over around 2 a.m. for allegedly failing to maintain a single lane. The body cam showed the opposite—the driving was perfectly normal. The officer claimed my client had slurred speech and smelled of alcohol. Again, the body cam revealed calm speech and no mention of odor during the stop.
The breath test registered a 0.08 on the dot. But after reviewing the machine logs, we discovered the breathalyzer had a history of margin-of-error readings and had skipped calibration checks.
We filed a motion to suppress the stop and breath test. The judge agreed. The charges were dismissed before trial. As for the vehicle, we fought the towing fees and got a partial refund from the city after proving the arrest lacked probable cause.
Can the Police Legally Seize Your Car After a DUI?
Seizure isn't the same as impoundment. In rare cases, especially if you're arrested for felony DUI, and particularly if it's your third or fourth offense, the police may begin proceedings to forfeit your car under Florida's Contraband Forfeiture Act. This applies when the vehicle was used in the commission of a felony. That means you could lose your car entirely—even if you are never convicted.
However, forfeiture requires a separate legal process. If you hire a Florida DUI defense attorney early, we can often challenge the seizure and prevent a permanent loss. Timing is critical. You typically have just 15 days to request an adversarial preliminary hearing to contest the seizure.
Defenses That Can Affect What Happens to Your Vehicle
Here are some defenses that can directly or indirectly impact the impoundment or seizure of your vehicle after a DUI arrest:
- Illegal Traffic Stop: If the stop lacked legal basis, we may be able to get the charges, and impound, thrown out.
- Invalid Test Results: Breathalyzer and urine test protocols must be strictly followed. If they weren't, that evidence can be excluded.
- Lack of Probable Cause: Without sufficient signs of impairment, your arrest may be considered unlawful.
- Violation of Constitutional Rights: Any rights violations—such as no reading of Miranda or coercion—can taint the entire case.
- Faulty Body Cam Evidence: If the footage contradicts the report, we challenge the officer's credibility and the basis for arrest.
In each of these situations, your vehicle's impound or seizure becomes legally questionable. If we win on any of these grounds, we can often recover your vehicle and get towing/storage fees waived or refunded.
Why You Need a Private Attorney to Handle Your DUI Arrest and Vehicle Issues
When your freedom, license, and vehicle are all at stake, having a private attorney makes all the difference. Public defenders won't fight impound or forfeiture proceedings. They rarely review body cam footage unless it's already in court. And they usually don't challenge breath test protocol unless directed by the court.
As a private Florida DUI defense attorney, I take action from the moment you hire me. I secure the body cam video. I inspect the testing logs. I review the probable cause affidavit. And I fight to recover your vehicle—or keep it from being seized in the first place.
You can't afford to take chances. I've helped hundreds of clients get their vehicles back, get their DUI charges reduced, and avoid jail. You deserve someone who treats your case like it's the only one that matters.
Florida DUI Defense FAQs About Vehicle Impoundment and Seizure
What happens to my car after a DUI arrest in Florida?
Your vehicle is usually towed and held in an impound lot after a DUI arrest. Depending on the county and circumstances, you may be able to retrieve it within 24 hours by paying towing and storage fees. However, in repeat or felony cases, the vehicle may be held longer or even subject to forfeiture proceedings.
Can I get my vehicle back right away?
In many first-time DUI cases, yes, you can retrieve your vehicle quickly. But if the court orders immobilization or you were arrested with a suspended license, your car may be held for 10 days or more. If it's a forfeiture case, you'll need a lawyer to fight that separate proceeding.
Can the court take my car if I'm found guilty?
Yes, in certain felony DUI cases, the court can approve vehicle forfeiture. This is more likely if your car was involved in a DUI crash causing serious injury, or if you have multiple prior DUI convictions. A defense attorney can challenge this and often help avoid permanent loss.
Does insurance cover towing and impound fees?
Typically, no. Most insurance policies do not cover costs associated with towing and storage due to a DUI arrest. These expenses come out of pocket unless we are able to argue that the arrest was invalid and negotiate the fees down or recover them through civil means.
What if someone else was driving my car during the DUI?
If your vehicle was borrowed and the driver got arrested for DUI, you may still face impoundment. However, we can often argue that you had no knowledge or participation in the alleged offense and secure release of your vehicle faster.
Is there a time limit to challenge a seizure of my car?
Yes. If your vehicle is seized under Florida's forfeiture laws, you typically have 15 days to request an adversarial preliminary hearing. Missing that deadline can cost you the chance to contest the forfeiture.
What role does body cam footage play in recovering my vehicle?
A big one. If body cam footage shows the stop or arrest was unlawful, we may use it to challenge the DUI charge and the vehicle impoundment or forfeiture. That's why early review of footage is one of the first things I do when you hire me.
Can I contest the impound fees in court?
In certain cases, yes. If your arrest is later ruled unlawful, we may have grounds to challenge the legality of the impoundment and request a refund or waiver of fees. But you'll need legal representation to file those motions and argue them in court.
What if I can't afford to get my car out of impound?
You're not alone. I've helped clients negotiate reduced fees or payment plans, especially in cases where the arrest is questionable. The sooner you hire a defense attorney, the better chance we have of minimizing those costs.
Will the towing company sell my car if I wait too long?
Eventually, yes. If you don't retrieve your vehicle within a set number of days (varies by jurisdiction), the towing company can begin the process of selling it at auction. You'll be notified, but missing deadlines can lead to permanent loss. Don't wait.
Call a Florida DUI Defense Attorney Now to Protect Your Vehicle and Your Freedom
Your vehicle is your lifeline. Don't lose it because of a DUI arrest that may have no legal standing. Whether your case involves a faulty breath test, a questionable stop, or an unfair seizure, I'm here to fight for you.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, the Florida Panhandle, and every county in Florida.