QUESTION

Can the police impound my car to administer a BAC test?

Asked on Aug 22nd, 2012 on DUI/DWI - California
More details to this question:
Can the police impound my car if it was legally parked in order to administer a BAC test after blowing a .07 on the field Breathalyzer test? The official BAC test ended up being .03.
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10 ANSWERS

Leonard A. Kaanta
Yes.
Answered on May 24th, 2013 at 2:06 AM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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Yes.
Answered on May 24th, 2013 at 2:06 AM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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Yes.
Answered on May 24th, 2013 at 2:05 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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In a DUI stop, yes, the officer has the option of impounding the vehicle and having it towed.
Answered on Aug 27th, 2012 at 1:30 AM

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Michael J. Breczinski
I would need more facts in order to answer this but porbably not.
Answered on Aug 27th, 2012 at 1:30 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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They can impound it upon your arrest for DUI related to that vehicle. That is one of the normal consequences of DUI. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at tne scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does. When questioned, threatened, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Low BA level is an arguable defense or grounds for motion. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Aug 27th, 2012 at 1:29 AM

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I don't know on what authority they impounded the car. So I cannot say yes or no. There would have to be some justification of their actions to make them legal.
Answered on Aug 27th, 2012 at 1:29 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Most probably on the basis of the preliminary. Call with details and for an appointment.
Answered on Aug 27th, 2012 at 1:27 AM

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DUI Defense Attorney serving San Diego, CA
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Yes, anytime you are placed under arrest, the police may impound your vehicle.
Answered on Aug 27th, 2012 at 1:26 AM

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Administering BAC has nothing to do with impounding your car. It was the arrest for DUI that gave rise to the impound action. If they had probable cause to believe you were DUI, they can legally impound your car even if your BAC later comes back under.
Answered on Aug 27th, 2012 at 1:26 AM

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