Can My Vehicle Be Impounded After a DUI Arrest in New Jersey?

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If you get arrested for driving under the influence (DUI) in New Jersey, you may be wondering about the various consequences of your arrest. Besides the legal penalties that you may incur if you are convicted, it is important to consider the immediate repercussions as well. After a DUI arrest in New Jersey, your vehicle will likely be impounded. Understanding the rules regarding intoxicated driving and the consequences of a DUI arrest is crucial to knowing what to expect and protecting your rights. For more information and to obtain skilled representation in your case, reach out to an experienced Mercer County DUI lawyer today.

Can My Vehicle Be Impounded After a DUI Arrest in NJ?

Yes, your vehicle can and will be impounded after a DUI arrest in New Jersey. New Jersey state implemented John’s Law in 2001, giving police the authority to impound a drunk driver’s car after their arrest.

What is John’s Law?

If an individual arrested for drunk driving posts bail and is released, only to get right back in their car and start driving again, it can be extremely dangerous for the community and other innocent drivers. It takes many hours for an intoxicated individual to sober up so getting behind the wheel could end in an accident and tragedy. In 2000, such an accident took place when police released an intoxicated driver to another person with the instruction to take them home. Instead, however, they took the driver back to their vehicle. The driver was still intoxicated and wound up colliding with another vehicle, driven by John Elliot who was killed in the crash.

Because of this tragedy, John’s Law was created, establishing two major provisions.

  1. Anyone who arrives to collect a driver arrested for intoxicated driving must be provided with a written statement informing them of the criminal and civil liability they could face if they allow the arrested individual to operate a motor vehicle while still intoxicated, and
  2. The vehicle the arrested individual was driving at the time of the arrest will be impounded by law enforcement for 12 hours

The purpose of this law is to ensure the intoxicated driver does not get behind the wheel while still under the influence and cause any accidents or tragedies. According to studies, it can take a minimum of 6 hours for alcohol to fully metabolize in an individual with a blood alcohol concentration (BAC) of .10 percent, and up to 14 hours for an individual with a BAC of .20 percent.

Who is Responsible for the Associated Costs?

Under John’s Law, you, as the vehicle owner, will be responsible for the costs associated with your car being impounded. You will be required to pay the towing and storage fees before the vehicle can be released back to you.

For more information and representation, contact an attorney at the Law Office of Douglas Herring today.

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