Arizona Impound Laws: ARS 28-3511 click for a free consultation

Posted on August 28, 2018 in Arizona Revised Statutes,Drunk Driving

Updated May 2025

Has your car been impounded after you were arrested for a DUI? 

Many people arrested for certain DUI charges are surprised to find that in addition to criminal charges and possible license issues, their car can be taken away for nearly a month in Arizona. 

This happens because of Arizona Revised Statute (ARS) 28-3511 that requires a 20-day impound in some cases.

If you need help getting your car back, call Rosenstein Law Group at (480) 248-7666 to get in touch with a lawyer.

Why Is My Car Being Impounded For Twenty Days?

ARS 28-3511 requires vehicles to be towed and impounded for 20 days for any of the following violations:

Extreme DUI: When the driver arrested for DUI has a Blood Alcohol Content (BAC) of 0.15 or above, which is nearly twice the legal limit. 

A reading on a portable breath test is sufficient; the police don’t need a blood result or an Intoxilyzer 8000 result.

Aggravated DUI: This is a felony DUI. This is when the driver is arrested for DUI and any of the following circumstances apply:

• The driver has a suspended driver’s license
• The driver has two previous DUI convictions within seven years
• There is a child fifteen years of age or younger in the car
• The driver was driving the wrong way on a highway
• The driver violates an ignition interlock requirement (driving in a car without an ignition interlock device when the driver is required to have one installed)

Minor with Spirituous Liquor in the Body While Operating a Motor Vehicle: The driver is under 21 with any amount of alcohol in their system.

Non-DUI related violations: Some circumstances not related to a DUI can result in a twenty-day impound, such as:

• Suspended driver’s license
• Revoked driver’s license
• No driver’s license and no record of ever having one
• Canceled driver’s license (must also be involved in a collision and not provide insurance)
• Reckless driving

What Happens When Your Car Is Impounded After A DUI Arrest

If your car has been impounded for 20 days, you will be given a “Notice of Impoundment” after your arrest. 

This notice will have the information related to your arrest, including the location and contact information of the impound with your vehicle.

Impounded Car Costs and Fees

Arizona impound laws require the owner to pay all towing charges and storage fees, with a maximum daily limit of $25.00.

The owner is also liable for an administrative fee of $150.00 to the City of Phoenix per ARS 28-3514.

The city accepts cash, a cashier’s check, or a money order payable to the City of Phoenix.

How To Get Your Car Out of Impound After a DUI

Only the applicable police department can release your vehicle. 

On or after the 20th day of impound, your vehicle will generally be eligible for release to you.

To receive the release paperwork, follow these steps:

• Pay the administrative fee of $150 with cash, a cashier’s check, or a money order payable to City Phoenix. Upon payment of the fee, you will be given a copy of a release form to take to the towing company.
• At the towing company, pay the towing and storage fees. Payment is made directly to the towing company. Late fees may be added if you arrive at the tow yard to reclaim your vehicle outside of regular business hours. You must also present proof of your identity and ownership to the tow company.
• If you do not claim your vehicle within ten (10) days of the available release date, the towing company may file for an abandoned title to the vehicle.

How To Get Your Car Before 20 Days

When your vehicle is impounded, you have the right to request a hearing.

To get an impounded vehicle early, you must request a hearing with the police department that impounded the vehicle. Most police stations require requests for hearings within 10 days of your car being impounded.

The impound hearing will take place in front of a police officer, not a judge. At the hearing, your lawyer can explain why you didn’t commit any of the charges listed above.

Unfortunately, even if you successfully get your car out of impound, you will be responsible for paying the fees associated with its impounded status, whether for the full 20-day period or less.

FAQs About Arizona’s Twenty-Day Car Impound Law

Can my spouse get my impounded car out early for me?

In some cases, a car that’s been impounded can be released to another person listed on the title or registration, such as a spouse or a family member.

Because Arizona is a community property state, many types of property or assets, like vehicles, that are acquired by a married couple are considered jointly owned by both spouses. 

This means that a spouse may have the right to claim or retrieve the car if it is impounded.

To get the car released, the second registered owner will need to present the following:

• A valid driver’s license
• Current vehicle registration
• Proof of mandatory auto insurance
• Full payment for all fees

If a spouse or someone else on the title or registration wants to get the car out of impound, they may have to sign an agreement with the police department. 

This agreement ensures that they will not let the person arrested for Extreme or Aggravated DUI or a minor caught driving under the influence of alcohol drive the car for one year. 

If the agreement is violated, no relief from the 20-day impound period within the next year is available. 

This means the vehicle must stay impounded for the full 20 days if it happens again within the next year. 

No early pickup or special exceptions will be allowed.

What if someone other than the owner was driving the vehicle when it was impounded?

The vehicle’s registered owner is responsible for paying the $150.00 administrative fee to the applicable city or police department. 

A valid driver’s license, current vehicle registration, and proof of mandatory auto insurance must be presented. 

In order to qualify for the vehicle’s release, the registered owner must also pay all towing fees and storage charges directly to the towing company.

If the owner was driving on a suspended license but has since had the license restored to valid status, can the vehicle be released before 20 days?

Yes. Once the owner proves to the court that their driving privileges have been reinstated, the vehicle can be released once the administrative fee and towing and storage charges have been paid in full.

Can the driver just go to the towing company and get their vehicle at the end of the 20 days?

No, the towing company cannot release an impounded vehicle without paperwork from the applicable police department. 

You must follow the claim process outlined above.

Will being found not guilty of charges affect the car being impounded?

No. As long as the officer impounded your vehicle according to the law and the police department’s policies and procedures, any trial’s outcome is irrelevant.

Has Your Car Been Impounded After a DUI Arrest?

If you are arrested and/or charged with DUI, contact the Rosenstein Law Group at (480) 248-7666 for a free consultation.

We are available to answer your questions 24 hours a day, 365 days a year.