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Home › Blog › Arizona Vehicle Impound Laws: ARS 28-3511
Has your car been impounded after a DUI arrest? Many drivers are surprised to discover that they must deal with the vehicle hold as well as criminal charges and possible license restrictions.
Arizona law generally requires a 20-day impound when a vehicle is taken under ARS 28-3511, subject to statutory exceptions and early release provisions. Older references to a 30-day impound should not be used to calculate the current hold. A separate seven-day rule applies to the statute’s public thoroughfare obstruction provision.
After a DUI arrest, getting the vehicle released, defending the criminal charge, and protecting driving privileges are separate tasks. A release from the tow yard does not restore a suspended license or resolve the DUI case.
If you need help getting your car back, call Rosenstein Law Group at (480) 248-7666 or contact us online. Have the impound notice available so an attorney can identify the agency, legal basis, and hearing deadline.
ARS 28-3511(C) addresses situations in which an officer has probable cause to arrest for underage driving with spirituous liquor in the body, extreme DUI, or aggravated DUI. Each ground has specific requirements.
ARS 28-1382 addresses an alcohol concentration of 0.15 or more within two hours of driving or actual physical control, where the concentration results from alcohol consumed before or while driving or in control. A concentration of 0.20 or more brings additional consequences under that statute.
The impound decision turns on probable cause, rather than waiting for a conviction. Roadside observations and preliminary testing may be relevant, but a portable breath reading should not be described as automatically proving every element of the offense.
Aggravated DUI is a felony under ARS 28-1383. Circumstances addressed by that law include:
The child provision concerns someone under 15, not a child who is already 15. Prior offenses and interlock obligations also require review of the actual records. A particular aggravating circumstance must be supported; it should not be inferred from the word “DUI” alone.
ARS 4-244(34) addresses a person under 21 driving or in actual physical control with spirituous liquor in their body. This is different from requiring a BAC of 0.08%.
An ordinary DUI allegation does not automatically establish this particular mandatory impound ground. A vehicle may still be towed under other authority, which is why the statute identified in the paperwork matters.
ARS 28-3511 also covers specified situations unrelated to a DUI arrest. These include certain revoked-license or never-licensed drivers, noncompliance with an ignition interlock requirement, and reckless driving or racing where the officer reasonably believes continued driving would expose others to serious injury or death.
The accident provision requires multiple conditions together: a specified canceled, revoked, or never-issued license status; noncompliance with financial responsibility requirements; and an accident causing property damage, injury, or death. A canceled license alone does not describe the whole test.
A suspended license alone is not a universal standalone trigger under this statute. That should be distinguished from DUI while suspended, which can raise aggravated DUI issues. Check the subsection written on the notice rather than assuming that every tow follows the same rule.
ARS 28-3511(D) contains an exception for the DUI impound provision when all its requirements are met. Among them, the vehicle must be properly registered and insured, and an appropriately licensed passenger who was with the driver at the time of arrest must be able and willing to drive it safely. The passenger cannot be impaired; a passenger under 21 cannot have spirituous liquor in their body.
Calling someone to arrive later is not the same as satisfying the statutory requirement for a passenger who was already with the driver. If this exception may have applied, preserve the passenger’s identity and the facts documented at the scene.
Obtain and keep the Notice of Impoundment or storage paperwork. Identify the agency responsible, the reason for the hold, the tow company, and the location of the vehicle. The agency authorizes release; the tow company usually handles physical storage and collection.
Confirm the scheduled release date and the hearing instructions promptly. An administrative hold can affect a registered owner who was not the driver. If a spouse, co-owner, rental company, or lender has an interest in the vehicle, tell the agency and provide supporting records.
ARS 28-3514 requires the agency to provide notice and an opportunity for a hearing. The statute provides a request period of ten days from the date on the notice and generally requires the hearing within five business days after receipt of the request.
Act immediately. The Scottsdale Police Vehicle Impound Unit describes a ten-day period from impoundment. Because the local description and statutory notice wording differ, do not wait for the later possible date. Contact the listed agency promptly and obtain confirmation that your request was received.
The hearing can address the validity of the impound, mitigating circumstances, and early release. It is not a trial of the entire DUI case. The procedure may be through the agency or, where the statute provides, a justice court; the decision maker is not always a police officer.
Counsel can examine the officer’s grounds, present relevant ownership or license records, and identify a statutory exception. Merely wanting the vehicle back sooner does not establish that the impound was unlawful.
Potential issues include the actual offense supporting the hold, license status at the time, ownership information, and whether a statutory exception applied. If the hearing determines that reasonable grounds did not exist, ARS 28-3514 provides for the agency to be responsible for the towing and storage costs. That differs from an early release of an otherwise valid impound.
ARS 28-3512 establishes specific early release routes. Depending on the circumstances, these include a reported stolen vehicle, a vehicle driven by a qualifying business employee such as a repair or parking service employee, an owner whose driving privilege has been reinstated, and qualifying non-driving spouses or owners. Rental companies, dealers, and lienholders have additional provisions.
A spouse or qualifying owner shown in MVD’s records at the time of impound may be able to seek early release if they were not driving. The statute supplies the release criteria. Arizona’s community property rules should not be treated as a substitute for satisfying those criteria.
Expect to provide the documentation required for the applicable release route:
The spouse or qualifying owner may have to sign an agreement with the agency. Under the statutory terms, allowing an unlicensed driver or a driver whose violation causes another impound within one year can make that spouse or owner ineligible for early release of that vehicle. Violating the agreement can also result in a civil traffic penalty of at least $250.
This is more specific than an automatic one-year ban on the arrested person ever driving the vehicle. Read the actual agreement and obtain advice before allowing anyone to use the car.
Ownership does not automatically cancel the hold. The owner should establish their interest, identify a valid early release ground, and satisfy the documentation and payment requirements. A reported stolen vehicle has different fee protections from a vehicle voluntarily lent to a friend.
If the registered owner was driving when the vehicle was impounded, proof satisfactory to the impounding agency that the owner’s driving privilege has been reinstated can provide a statutory route to early release. Submit the proof to the agency handling the hold. Reinstatement does not automatically dismiss the DUI charge, and other release requirements still apply.
The need to get to work is important practically, but hardship by itself is not a statutory early release category. Ask which provision applies and what documents the agency requires. A valid license, registration, insurance, and any required interlock compliance may be necessary.
ARS 28-3512(H) sets storage charges under that provision at $25 per day, including time the vehicle remains in storage after the hold ends. Towing charges are separate. ARS 28-3513 establishes a $150 administrative charge, with waiver and reported-stolen-vehicle provisions.
These amounts should not be generalized to every type of tow in Arizona. Request an itemized bill, and distinguish towing, storage, and agency administrative charges. Early release from an otherwise lawful hold generally does not erase accrued charges. A finding that reasonable grounds for the impound did not exist has different cost consequences.
The end of the hold does not automatically return the vehicle to you. Follow the responsible agency’s release process:
Scottsdale and Phoenix procedures should not be treated as interchangeable. Pay the agency that actually handled the impound; a Scottsdale vehicle hold does not automatically require payment to the City of Phoenix.
For this statutory process, the tow company needs the agency’s release authorization and required paperwork. Waiting out the hold is not a substitute for obtaining them. See the Scottsdale Police Vehicle Impound Unit’s instructions.
Collect the vehicle promptly. Storage costs can continue after the release date, and an unclaimed vehicle may become subject to Arizona’s abandoned vehicle process. Do not assume that a reference to ten days creates a safe grace period in every case. Confirm the applicable notices and deadlines with the agency and tow operator.
An acquittal or dismissal does not automatically show that the original impound lacked reasonable grounds. The impound hearing and criminal case answer different questions. Preserve any evidence that undermines the original grounds, but do not wait for trial before requesting timely impound review.
Keep the impound notice, tow receipt, registration, insurance information, and all release correspondence. Separately track your court appearance and any MVD suspension deadline.
Rosenstein Law Group can review the impound alongside the DUI defense. Read about Craig J. Rosenstein or request a free consultation before the hearing request period expires. Call (480) 248-7666; the firm is available 24 hours a day, seven days a week.