After being arrested for a DWI (Driving While Intoxicated) in New York, there is a chance that your car will be impounded or confiscated. Whether your vehicle is seized depends on various factors unique to your specific situation. Impoundment is a common consequence of driving under the influence of drugs or alcohol so it is crucial that you understand all of the legal consequences associated with an arrest. Continue reading and work with a New City DWI defense attorney for more information and skilled representation.
DWI, or Driving While Intoxicated, is the crime of operating a motor vehicle while under the influence of drugs and/or alcohol. A person is guilty of driving while intoxicated if there is evidence of drugs in their system or if their BAC (blood alcohol content) is .08% or greater.
However, you could be arrested even if your BAC is below .08 if the arresting officer believes that you are impaired, meaning unable to safely operate the vehicle.
Yes, after you are arrested for a DWI in New York, the arresting officer has the right to impound your vehicle. You will likely be able to get the car back but there is a chance that the police department will file forfeiture proceedings.
Although an impounded vehicle will more often than not be returned to an alleged DWI offender, there is a chance that the car could be forfeited. This forfeiture policy was introduced in 1999 by the then-mayor Rudolph Guiliani and asserted that law enforcement is authorized to seize and impound the vehicle of anyone arrested for a DWI. This policy concludes that when a person who is intoxicated gets behind the wheel, the vehicle becomes the weapon of the crime they are committing, meaning it is subject to confiscation.
Forfeiture proceedings are a civil matter and will be conducted separately from the criminal DWI case.
If the NYPD does not file forfeiture proceedings, you will be able to get your car back by paying for it to be removed from the impound lot. You will be responsible for paying the towing, storing, and administrative fees associated with your vehicle’s impoundment.
It is important to note that the longer you leave the vehicle impounded, the more expensive the fees will be and the higher the chance that local authorities will sell or auction the car. However, if forfeiture proceedings are not brought against you, you should be able to pay to get your vehicle out of the impound lot without issue.
To learn more about your legal rights and options after being arrested for a DWI, reach out to an experienced attorney at the Law Office of Kevin T. Conway today.
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