Upon a Florida DUI conviction, FL Stat 316.193(6)(a) mandates that the court must order, as a condition of probation, the impoundment or immobilization of the vehicle that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant's name, for a period of ten (10) days.
The impoundment or immobilization of the vehicle should not run concurrent with the defendant’s prison sentence.
A defendant needs to wait until he/she has served their entire jail sentence before taking steps to impound or immobilize their vehicle, for the statute states, "The impoundment or immobilization must not occur concurrently with the incarceration of the defendant." How convenient...
There is a bright side, however, the impound or immobilization order may be waived if you qualify within certain exceptions. The first two exceptions apply to individuals who own but were not operating the vehicle when the offense occurred, for instance, your car was stolen or documentation of having purchased the vehicle after the offense was committed from an entity other than the defendant or under his control.
Another exception under the statute applies when the vehicle subject to impoundment or immobilization is the only form of transportation for the family of the owner of the vehicle
The court may also dismiss the order of impoundment when the defendant’s vehicle is operated solely by the employees of the defendant or any business owned by the defendant.
If you find yourself in a situation in which an impoundment or immobilization order is foreseeable, please take the time to call me to discuss your chances of success in having the order waived.