10 Day Vehicle Impound Pursuant to DUI

Understanding the DUI 10-Day Vehicle Impoundment/Immobilization Pursuant to Florida Statute 316.193: What Sarasota Drivers Need to Know.

If you’re a driver in Sarasota, Florida, you must be aware of the serious consequences that come with being arrested and charged with a DUI. This statute pertains to Driving Under the Influence (DUI) offenses, and one significant consequence is the 10-day vehicle impoundment. Whether you or a loved one is facing a DUI charge or you just want to understand the 10-day impound rule a DUI conviction carries, this article will guide you through what you need to know under Florida law.

What is Florida Statute 316.193?

Florida Statute 316.193 is the Florida law that governs DUI offenses. The statute defines DUI as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by alcohol or drugs. When a driver is arrested for DUI in Sarasota or anywhere in Florida, the consequences are often severe and can include fines, license suspensions, mandatory DUI education programs, and vehicle impoundment.

What Does the 10-Day Vehicle Impoundment Mean?

Under Florida law, if a person is arrested for DUI, the law mandates that their vehicle be impounded for a minimum of 10 days. This is specifically stated in Florida Statute 316.193(6), which aims to deter impaired driving by removing the vehicle from the driver’s access for 10 consecutive days.

The impoundment period is usually a condition of probation and begins when ordered by the court after the plea. During the 10-day impoundment, the vehicle is typically clamped or booted in your driveway or garage.

For purposes of Florida DUI law, immobilization means putting an anti-theft device on the vehicle’s steering wheel, using a tire lock or wheel clamp, or a government agency taking possession of the vehicle’s license plate and registration to make the vehicle unable to be used. This is done to prevent anyone from driving the vehicle when it is ordered to be impounded or immobilized.

Impoundment occurs when the vehicle is stored in a licensed facility, and the owner has no control or dominion of the vehicle for a period of time.

Why is Vehicle Impoundment Required?

The vehicle impoundment serves a few key purposes. First, it is a preventive measure to keep impaired drivers off the road while they await legal proceedings. The state wants to ensure that individuals who have been charged with DUI do not have easy access to their vehicles and are not able to drive again until they have gone through the proper legal channels.

Additionally, the 10-day impoundment provides time for the driver to reflect on their actions and take the necessary steps to deal with their DUI charge.

Exceptions to the 10-day Vehicle Impoundment

1) Vehicle Is Not Registered to the Defendant and the Defendant Does Not Own a Vehicle for the Duration of Probation

• If the vehicle involved in the DUI arrest is not registered to the person arrested (for example, if they were driving someone else’s car) and the defendant does not have a vehicle titled in his or her name, the judge may waive the impoundment.

2) Commercial Vehicle and Family Hardship Consideration

• In some situations where the vehicle involved in the DUI arrest is a commercial vehicle (such as a truck used for business purposes), the judge may consider the impact on the driver’s livelihood and potentially reduce or waive the 10-day impoundment. This exception often applies if the person relies on the vehicle for their work or another member of the household needs the vehicle.
• Key Condition: The vehicle must be a commercial vehicle, and the arresting officer or the judge may take into account the hardship on the driver’s work or business.

Conclusion

In Sarasota, Florida, the 10-day vehicle impoundment under Florida Statute 316.193 is an important component of the state’s efforts to reduce impaired driving and keep roads safe. If you are arrested for DUI, understanding the vehicle impoundment requirement, along with the associated fees and legal processes, can help you navigate the consequences more effectively. Always consult with a qualified attorney to protect your rights and ensure the best possible outcome in your case.

For more information or if you’re dealing with a DUI charge in Sarasota, don’t hesitate to reach out to a skilled Sarasota DUI lawyer at Pallegar Law, PA.