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If I Am Arrested for DUI - Can the Police Take My Car

Joliet DUI lawyers

When a driver is arrested for DUI , their vehicle--for obvious safety reasons--must be moved from the roadside where the traffic stop took place. Illinois police have four options for dealing with a DUI-involved vehicle, ranging from releasing the vehicle immediately to seizing it and selling it.

Best Case Scenario: Sober Passenger Drives

If the drunk driver had a sober passenger in the vehicle, the police may allow that person to drive the car, saving the driver from towing and administrative fees.

Police Call Local Towing Company; Immediate Retrieval Possible

Most commonly, the police will have the vehicle towed to a local impound lot. The owner of the car will have to pay towing and storage fees to the towing company, and possibly an additional administrative fee to the city or county where the DUI arrest took place. In Chicago, the administrative fee to release a DUI-involved car from impound starts at $2,000. In the Will County suburbs, the administrative fee for a DUI impoundment ranges from $300 to $500.

Police Impound and Hold Vehicle for a Short Period of Time

If the police believe that an arrested driver is still not sober when released from custody, a “hold” can be put on the impounded vehicle for up to twelve hours from the time of the DUI arrest. This law ( 625 ILCS 5/4-203 ) exists to prevent a drunk driver from repeating the DUI offense immediately upon getting their car back.

The police can put a longer hold on the vehicle of a repeat DUI offender for at least 24 hours following a person’s second DUI offense and at least 48 hours after a third offense.

Get Your DUI Impounded Vehicle Back as Quickly as Possible

If a vehicle is on a short-term hold, the arrested driver can get their vehicle out of impound just by paying the necessary fees at the end of the hold period. In fact, it is usually possible to get the vehicle released before the end of the hold period, if a sober driver is available and the vehicle owner authorizes it. Towing company storage fees rack up quickly, so it is always wise to get a car out of impound as soon as possible.

Illinois law ( 625 ILCS 5/11-208.7 ) requires that law enforcement notify the vehicle’s owner of the impoundment and of the owner’s right to request an administrative hearing to contest the impoundment and associated fees.

Worst Case Scenario: Police Seize Vehicle and Start Civil Forfeiture

Police in Illinois may seize a vehicle used in the commision of a DUI if the driver is uninsured, lacks a valid driver’s license, has a suspended or revoked license for DUI or reckless homicide, has a previous conviction for reckless homicide or aggravated DUI with death or great bodily harm, or has two or more previous DUI offenses.

This is commonly known as Article 36 seizure or civil forfeiture ; it is essentially the same process used to confiscate assets from drug dealers. Following a vehicle seizure due to DUI, the owner can contest the seizure at an administrative hearing. A seized vehicle will typically be sold at auction, with most of the proceeds going to the local law enforcement agency. You might think DUI-related vehicle confiscation is rare, but it is not. Naperville and DuPage County, just to name two examples, have been seizing upwards of 100 vehicles per year from repeat DUI offenders.

Trust an Experienced Joliet DUI Defense Attorney

When someone is arrested for DUI, even if they tested “over the legal limit,” it may still be possible to avoid a DUI conviction. To understand your options, consult with the Law Offices of Jack L. Zaremba as soon as possible. In addition to defending against the criminal DUI charge, you may also need to contest a driver’s license suspension/revocation and the seizure/forfeiture of your vehicle. Call a knowledgeable Will County DUI lawyer at 815-740-4025 for a free and confidential consultation; phone calls are answered 24 hours a day.

If I Am Arrested for DUI - Can the Police Take My Car

When a driver is arrested for DUI , their vehicle--for obvious safety reasons--must be moved from the roadside where the traffic stop took place. Illinois police have four options for dealing with a DUI-involved vehicle, ranging from releasing the vehicle immediately to seizing it and selling it.

Best Case Scenario: Sober Passenger Drives

If the drunk driver had a sober passenger in the vehicle, the police may allow that person to drive the car, saving the driver from towing and administrative fees.
Police Call Local Towing Company; Immediate Retrieval Possible

Most commonly, the police will have the vehicle towed to a local impound lot. The owner of the car will have to pay towing and storage fees to the towing company, and possibly an additional administrative fee to the city or county where the DUI arrest took place. In Chicago, the administrative fee to release a DUI-involved car from impound starts at $2,000. In the Will County suburbs, the administrative fee for a DUI impoundment ranges from $300 to $500.

Police Impound and Hold Vehicle for a Short Period of Time

If the police believe that an arrested driver is still not sober when released from custody, a “hold” can be put on the impounded vehicle for up to twelve hours from the time of the DUI arrest. This law ( 625 ILCS 5/4-203 ) exists to prevent a drunk driver from repeating the DUI offense immediately upon getting their car back.

The police can put a longer hold on the vehicle of a repeat DUI offender for at least 24 hours following a person’s second DUI offense and at least 48 hours after a third offense.
Get Your DUI Impounded Vehicle Back as Quickly as Possible

If a vehicle is on a short-term hold, the arrested driver can get their vehicle out of impound just by paying the necessary fees at the end of the hold period. In fact, it is usually possible to get the vehicle released before the end of the hold period, if a sober driver is available and the vehicle owner authorizes it. Towing company storage fees rack up quickly, so it is always wise to get a car out of impound as soon as possible.

Illinois law ( 625 ILCS 5/11-208.7 ) requires that law enforcement notify the vehicle’s owner of the impoundment and of the owner’s right to request an administrative hearing to contest the impoundment and associated fees.

Worst Case Scenario: Police Seize Vehicle and Start Civil Forfeiture

Police in Illinois may seize a vehicle used in the commision of a DUI if the driver is uninsured, lacks a valid driver’s license, has a suspended or revoked license for DUI or reckless homicide, has a previous conviction for reckless homicide or aggravated DUI with death or great bodily harm, or has two or more previous DUI offenses.

This is commonly known as Article 36 seizure or civil forfeiture ; it is essentially the same process used to confiscate assets from drug dealers. Following a vehicle seizure due to DUI, the owner can contest the seizure at an administrative hearing. A seized vehicle will typically be sold at auction, with most of the proceeds going to the local law enforcement agency. You might think DUI-related vehicle confiscation is rare, but it is not. Naperville and DuPage County, just to name two examples, have been seizing upwards of 100 vehicles per year from repeat DUI offenders.

Trust an Experienced Joliet DUI Defense Attorney

When someone is arrested for DUI, even if they tested “over the legal limit,” it may still be possible to avoid a DUI conviction. To understand your options, consult with the Law Offices of Jack L. Zaremba as soon as possible. In addition to defending against the criminal DUI charge, you may also need to contest a driver’s license suspension/revocation and the seizure/forfeiture of your vehicle. Call a knowledgeable Will County DUI lawyer at 815-740-4025 for a free and confidential consultation; phone calls are answered 24 hours a day.

Kidnapping Your Own Child – Yes, You Can Be Charged

Joliet kidnapping lawyer

An incident of kidnapping frequently conjures thoughts of ransom notes or phone calls from an individual using some device to disguise their voice. However, more and more cases of kidnapping involve disputes between parents that result in Amber Alerts and loss of visitation privileges or worse.

Parental Kidnapping

In many cases involving divorce and child custody arrangements, emotions run high, and one party or the other may feel that they received less than fair consideration when it comes to the custody or visitation rights of their children. However, parental kidnapping is not something that is limited to the non-custodial parent.

While there are cases in which a non-custodial parent may attempt to flee the state with their child, even the parent who is awarded primary custody may be charged with parental kidnapping if they deprive the other parent of lawful access and visitation. No matter the situation, consulting with an attorney is a far better alternative than attempting to take the law into one’s own hands.

Kidnapping Defenses

When working with an experienced and qualified criminal defense attorney, it is important to lay out one’s reasons for why their actions may have been misconstrued as a kidnapping. A couple of defense strategies may be employed to help avoid a conviction:

• If one can prove that the child or person was removed from their home and taken to a different/unknown location for their own protection, a defense of necessity might be employed. This will almost certainly require the defendant to demonstrate why such an action was necessary.
• Some defendants can claim they proceeded with an act of kidnapping based on false information provided by another person. For example, if a child claims (falsely) that a parent is abusive, the defendant can offer a defense of mistake in that they were acting under false information.

These summaries are provided only for educational purposes and are best implemented when the details of any case are thoroughly vetted by an experienced defense attorney.

Retain an Experienced Illinois Criminal Defense Attorney if You Are Charged With Kidnapping

Even if you believe that your children would be better off in your care, simply removing them from their home without proper notification or permission can carry serious consequences. This no time to take chances with your parental rights or freedom. Rely on a knowledgeable criminal defense lawyer to provide you with aggressive representation in the face of criminal charges. The Law Office of Jack L. Zaremba taps important resources and scours all applicable case law and precedent in an effort to help every client obtain a fair hearing. Contact our Will County kidnapping defense attorney at 815-740-4025 to schedule an initial consultation and learn how an experienced legal team will benefit you throughout the criminal process.

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