If you are charged with DUI in Florida, your vehicle may be impounded. This is generally true if your license was suspended or revoked at the time that you were charged with this offense. Otherwise, the only reason your car would be seized is if you are a repeat offender or if there is no one who is available to drive the car from the scene of the traffic stop.
The purpose of impounding your car
States recognize the dangers that drivers pose when they operate their vehicles under the influence of drugs or alcohol. Taking away an impaired driver’s car reduces the risk of future offenses by removing the opportunity to drive. The cost of regaining control of an impounded car or truck also serves as a deterrent to those who may consider driving under the influence in the future.
You can contest this action
As a general rule, a car can only be taken if doing so is reasonable in a given situation. Typically, the appeal will be heard by a civil court as opposed to a criminal court. Even if you are able to get your vehicle back, you may still be on the hook for court costs or other fees associated with doing so. It is worth noting that most courts consider seizing a vehicle as a just punishment because of the danger that those who are charged with DUI impose on others.
If you are charged with DUI, it may be possible to contest the charge in court. It may be possible to have it reduced or dismissed by claiming that there was no cause for a traffic stop or that there was no evidence that you were actually impaired.