As a driver, if you were to be arrested for DWI, your experience would likely look something like this: you get pulled over by the police, the officer asks you to step out of the vehicle, you are asked to perform a variety of tests, and you are handcuffed and driven away in the back of a police cruiser. But what happens to your vehicle? New Jersey law actually requires law enforcement to impound your car for at least 12 hours. After 12-hours, you can reclaim your car or send someone you know to get it for you. You will be responsible for paying the fees associated with towing and storing your car, and they must be paid in full before your car will be released to you.

The Police May Search Your Car While it is Impounded

In some cases, the police may search your car while it is impounded. Generally speaking, police are required to get a warrant to search a vehicle. In cases where a driver has been arrested, law enforcement may be able to conduct an “inventory search” in certain circumstances. In addition, if the police were justified in conducting a warrantless search as a result of their investigation (for example, if there was a noticeable odor of marijuana coming from your car), a search may be legally justified. If the police find any contraband during the course of a search, you may be prosecuted for crimes in addition to the DWI for which you were initially arrested.

In situations where a search yields contraband, it may be possible to challenge the search in order to suppress any evidence that was gathered. When this happens, it forces the prosecution to drop your case, as they cannot use the evidence gathered in court. For this reason, if your car has been searched after a DWI and the search lead to additional legal problems, you should have your case reviewed by an experienced attorney.

Call David Polsky Today for DWI Defense in New Jersey

If you have been arrested for drunk driving, your car being impounded should be the least of your concerns. Even a first-time offense can result in probation, fines, community service, jail time, and the loss of your license. Additionally, a DWI conviction on your record can have significant professional ramifications as well. To discuss how we may be able to help, call David W. Polsky Law today at 973-686-9787 or send us an email through our online contact form.