Can My Car Be Impounded After An OVI?
If you are pulled over for an OVI and are taken into custody, you might wonder what consequences you might face. For example, you might wonder if your car will be impounded. While there are many consequences for being charged with an OVI, your car will not be impounded because that is not legal.
Your Car Will Not Be Impounded
After an OVI arrest, a car will usually only be impounded if it is not safely parked. For example, if you pulled over into a parking lot when you were arrested, your car should be there when you return. However, the owner of the parking lot might choose to have your car towed.
What Will Happen Instead
Instead of having your car impounded, it is more likely that your license will be suspended. In some states, you will receive an automatic license suspension if you refuse to submit to a breathalyzer test or a field sobriety test. However, you will be allowed to appeal the suspension.
If you are convicted of an OVI, you could potentially face criminal penalties such as fines and imprisonment. You will also have an OVI on your permanent record. However, it can be very difficult to know your rights when fighting an OVI case without consulting with an OVI defense attorney.
Why You Should Always Fight an OVI
You do not have to be drunk to be arrested for an OVI. Drivers are falsely charged and arrested for OVIs on a regular basis. The police officer simply has to have probable cause to place you under arrest. Then, the prosecutor has to persuade a judge or jury that you were driving while under the influence of alcohol. In some cases, the officer stating that you were "impaired" is all that is necessary for you to be charged.
However, an experienced OVI defense attorney may be able to make a case for why your rights were violated and why the evidence presented by the arresting officer should be suppressed.
For example, the police officer might not have actually had probable cause to pull you over. If the officer used a breathalyzer test, you may be able to prove that it was defective. If the officer simply performed a field sobriety test, you may be able to prove that the test was not carried out properly. It's important to not lose hope — instead, speak with an OVI defense attorney as soon as you can.