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Your Vehicle May Be Towed after You Receive a DUI

Interviewer: Is there anything else about the DUI that drivers are commonly confused about?

Brian Sloan: Occasionally, when someone is stopped and when they are arrested, their vehicle ends up getting towed. Certain municipalities, certain police officers do have orders that they are required to tow a vehicle when the driver’s portable breath test result is above an extreme limit.

Some officers really have the option of parking the vehicle or allowing the vehicle to stay parked in a parking lot or towing the vehicle. Unfortunately, sometimes, the officers tow vehicles when they really don’t need to.

A BAC of .15 or Higher will Result in the Vehicle Being Impounded for 30 Days

If a vehicle is being towed, the suspect will receive a notice explaining to them that their vehicle has been towed and what process to follow in order in to retrieve their vehicle. The problem is when the driver registers a blood alcohol level at a .15 or higher. In that case, the vehicleis required to be impounded for 30 days.

And sometimes, this is unfortunate the breath test is performed on the portable breath test results, which are not considerable admissible in the court of law. Sometimes, that result will show that they were above a point 15. So, when we actually get in the blood test results or get a later breath test results, we’ll see that the person was truly below a point 15, but it doesn’t matter.

The Vehicle May Be Retrieved Earlier than 30 days If the Spouse of the Defendant Signs for the Vehicle

If the officer has a portable breath test result that shows a point 15 or above, the person’s vehicle is getting towed and it’s getting impounded for 30 days. It is possible to get the person’s vehicle out of impound in less than 30 days if that person is married and the spouse is willing to go in and sign off and get it taken out.

The Vehicle Can Be Released Earlier if the Driver Is Not the Owner of the Car

The other way is if the vehicle has someone else’s name on the title, such as a business, a leasing company, or another person. The problem is while the vehicle can be taken out early, let’s say by a spouse, it can be taken out prior to the 30 days. Usually, the spouse is going to be required to sign a contract indicating that they will not allow anyone who has been arrested or convicted of a DUI to operate that vehicle for one year.

When a Spouse Retrieves the Car, They Sign a Contract Agreeing to Prohibit the Driver That Received the DUI from Operating the Vehicle for One Year

And a lot of people don’t seem to realize that. They leave the impound lot. They have the vehicle and they don’t realize that they just signed the document saying that the person who was arrested is not allowed to operate that vehicle for one year.Even though, technically, at the time that the vehicle was taken out, that person may be perfectly legal to drive under the Admin Per Se/Implied Consent Affidavit.

Now, That Driver Cannot Operate the Vehicle That Will Be Required to Have the Ignition Interlock Device Installed

They may have a perfectly valid driver’s license, but because of contractual reasons, the spouse has now prevented that person from being allowed to operate that vehicle. This can then cause problems later on when the person is required to install an ignition interlock device on any vehicle they operate, but technically, the husband has signed the document saying that the wife will not operate that vehicle.

So, where are they supposed to put the device if they can’t put on that vehicle because they’re not allowed to operate that vehicle? And that is the only vehicle?

Things can definitely get complicated and I think the laws don’t meet reality. I think the answer is to just do away with this entire system concerning a license suspension for being suspected of DUI and impounding the vehicle. It just causes so many problems, but that’s going to take a legislative change.

By Brian Douglas Sloan

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Brian Douglas Sloan


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Best DUI Lawyer in Phoenix

Why DUI Attorney Brian Douglas Sloan?


19+ Years SOLELY Focused on DUI Defense


4,200+ DUIs Successfully Defended

Top Accolades

  • Only DUI "Power Lawyer" in the Nation Featured in USA Today, 2022

  • Top 10 in Arizona

Top 1%

Top One Percent in the Nation

Superb 10/10

4.9 / 5.0


brian sloan on the cover of attorney at law magazine

“I am one of only a handful of Phoenix DUI Lawyers that focuses solely on DUI Defense representation.”

I have spent my entire career SOLELY focused on Arizona DUI Defense Representation, having personally defended more than 4,400 Driving Under the Influence (DUI) clients in the past 19+ years.

If you’re looking for a Divorce Attorney, Tax Attorney, Civil Attorney, etc., I can comfortably say, "I’m not the one for you." I ONLY defend DUI cases in most of Maricopa County, Arizona.

Coming up with traditional, as well as outside-the-box motions and defenses for my clients, often with good results, is the hallmark of my practice.

Lawyers that say they are "aggressive" or "will fight for you" are a dime a dozen. They use these phrases because it is a proven advertising phrase. Being "aggressive" isn’t the same as being good, and is often used to put on a show to hide the fact that they aren’t doing anything meaningful for the client.

The same is true for the Lawyers claiming to do DUI Defense, and Criminal Cases, and Accident Cases, and Divorces, etc. A Jack-of-all-Trades is a master of none! By handling all sorts of cases, they take away from their ability to truly focus on DUIs, and keep up-to-date on the latest changes in DUI Defense Representation.

What I offer is intelligent, quality DUI Defense at an exceptional price. Unlike many other law firms, if you hire The Law Offices of Brian D. Sloan, you actually get me representing you, doing all the work, and working the case. You aren’t hiring one guy with all the experience, but getting the underling with very little knowledge or experience.

I work seven days a week on my client’s cases, and spend hours laying all my thoughts out for my clients in writing, so they can understand their options, and my recommendations. No other DUI Lawyer in the state does this. I try to do what I can to go above-and-beyond for my clients. I hate when the businesses I deal with nickel-and-dime me with hidden costs, and I take pride in not doing that to my clients.

I have not only taught other lawyers how to do DUI Defense Representation at statewide seminars, but I have produced DUI Legal Guides used by defense lawyers across Arizona.

I am one of Arizona's most award-winning DUI Defense Lawyers, as well as being recognized nationally. I was the only DUI Defense Lawyer in the United States named a "Power Lawyer" in a 2022 issue of USA Today

There are no other private Lawyers in Arizona that have personally defended more DUI cases than I have. And as a bonus, I offer a very reasonable flat rate for my legal services, with a payment plan, and without any hidden charges. This guarantees that I offer some of the most competitive rates among all Arizona DUI Attorneys, while being a well-documented and preeminent leader in the field of DUI Defense Representation.

Over the years, countless people have come to me after discovering that their first lawyer made a mistake, gave them false hope or false promises, or simply took their money and didn't do much to advance their case. And you would be surprised at how often this happens.

So, instead of wasting time and money on the wrong DUI Defense Attorney, do yourself a favor and get the proven and well-recognized best DUI Lawyer in Phoenix and the surrounding areas of Maricopa County.

You can reach me on my personal cell phone at 480-720-7839 for a Free ‘In Depth’ Consultation.

I personally defend DUI cases in urban Maricopa County City, Town, and Justice Courts, including:

Ahwatukee / Agua Fria / Arcadia Biltmore / Avondale / Buckeye / Chandler / Country Meadows / Desert Ridge / Dreamy Draw / Downtown / East Mesa / El Centro / Encanto / Gilbert / Glendale / Goodyear / Guadalupe / Highland / Kyrene / Litchfield Park / Maryvale / McDowell Mountain / Mesa / Moon Valley / North Mesa / Peoria / Phoenix / Queen Creek / San Marcos / San Tan / South Mountain / Scottsdale / Tempe / University Lakes / West McDowell / West Mesa / White Tank

For any other Courts in the State of Arizona, including Felony cases, I would recommend my associates on The Arizona DUI Team, whom I work closely with, but I am not the one personally representing the client.

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Brian Douglas Sloan

DUI Attorney

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