Drunk driving is a serious crime in New York that carries harsh penalties. After an arrest, several things could happen to your vehicle, including impoundment or forfeiture proceedings. As such, you should familiarize yourself with the potential outcomes so you can take the necessary steps to secure your vehicle. Please continue reading as we explore when a vehicle can be impounded in New York and why connecting with a determined Rockland County DUI Attorney is in your best interest.
Will My Vehicle Be Impounded After a DUI?
If a police officer arrests you for driving under the influence (DUI) in New York, it’s imperative to know what will happen to your vehicle. Generally, there are three possibilities as to what can happen to your car if you are arrested for drunk driving.
First, law enforcement may release your vehicle to a responsible party. They might allow you to contact a friend or relative to retrieve your vehicle from the scene. Alternatively, if a sober passenger with a valid driver’s license is present at the scene, they may be permitted to take your vehicle.
In many cases, and typically without the opportunity to arrange for its retrieval, the police will impound your vehicle. This means law enforcement will confiscate your vehicle as a public safety measure. This process removes the potential for the impaired driver to get back behind the wheel immediately, and to prevent them from driving again while still intoxicated. Vehicle impoundment is usually limited to repeat offenders. However, the police have discretion in determining an appropriate outcome for a vehicle following a DUI arrest.
The decision to impound a vehicle after a DUI arrest is often influenced by aggravating factors such as a high blood alcohol concentration (BAC), the availability of a sober driver, whether the vehicle is a potential hazard on the road, and previous DUI offenses. Vehicle impoundment is a likely outcome as it promotes public safety and prevents further offenses.
What Are the Penalties for a DUI in New York?
Understanding the penalties you can face for a DUI in New York is critical. Those with a BAC of 0.08% or greater can face DUI charges in the state. However, you should note that you can still face a DUI even if your BAC is below this threshold if a police officer observes signs of impairment. If you have any amount of alcohol in your system, the police can place you under arrest if they determine it has impacted your ability to operate the vehicle safely.
The consequences of a DUI extend far beyond the mere inconvenience and cost of having your vehicle impounded. For a first-offense DUI, you can be subjected to fines ranging from $500 to $1,000, license revocation for at least six months, and up to one year in jail. Any subsequent DUI offenses will result in more severe penalties as New York courts aim to deter future drunk driving offenses.
If you are facing DUI charges, please don’t hesitate to contact a skilled attorney from The Law Office of Carl Spector, who can help you navigate this complex process, mitigate the penalties you face, and potentially negotiate a favorable plea bargain. Connect with our firm today to learn how we can fight for you.
