Can the Police Impound Your Car After a DUI in Washington?
A DUI arrest can leave two immediate problems: the criminal charge and a car sitting in a tow yard. People are often released without knowing when they can retrieve the vehicle, whether someone else can pick it up, or whether police had to tow it at all.
Washington law allows police to impound a vehicle after a DUI arrest, but the tow is not automatic. The officer must decide that impoundment is reasonable under the circumstances and consider whether there is a reasonable alternative.
If the vehicle is lawfully impounded, a separate 12-hour restriction may prevent the arrested driver from retrieving it right away.
Is a Car Automatically Impounded After a DUI Arrest?
No. RCW 46.55.113 gives an officer discretion to take custody of a vehicle after arresting its driver for DUI or physical control.
Washington law once required officers to impound a vehicle after every DUI arrest. They did not have to consider whether the car was safely parked or whether someone else could drive it away.
The Washington Supreme Court rejected that approach in State v. Villela.
Joel Villela was arrested after a traffic stop with two passengers inside his Jeep. The officer did not consider releasing the vehicle to either passenger because the law required a tow. During the inventory that followed, police found evidence that led to additional criminal charges.
The court held that the automatic impoundment violated the Washington Constitution. Before towing a vehicle, an officer must consider the circumstances at the scene and whether a reasonable alternative exists.
The legislature later revised the law to reflect that decision. Officers may still order a tow, but they cannot treat the DUI arrest as the only reason one is necessary.
What Is a Reasonable Alternative to Impoundment?
There is no single answer that applies to every traffic stop. The officer may consider the location of the vehicle, the people present, and whether another option can be carried out safely.
A reasonable alternative might include:
- Releasing the vehicle to a sober, licensed passenger
- Allowing another registered owner to take it
- Leaving it legally parked in a safe location
- Allowing a nearby friend or family member to retrieve it promptly
Police do not have to wait indefinitely or accept an option that creates another safety problem. A car stopped on the shoulder of I-5 late at night presents a different situation from a car legally parked in a private lot with a sober co-owner nearby.
A tow may still be reasonable when the vehicle is blocking traffic, parked in a dangerous location, at risk of theft or damage, or cannot be driven by anyone lawfully present. Police may also have a separate legal reason to hold the vehicle as evidence.
What matters is whether the officer made an individual decision or treated the arrest as an automatic reason to tow.
Body-camera footage, dispatch records, passenger statements, the officer’s report, and the impound paperwork may later show what options were available and whether the officer considered them.
How Does Washington’s 12-Hour DUI Impoundment Rule Work?
The decision to tow and the 12-hour restriction are separate parts of the law.
First, the officer must lawfully direct the impoundment. Once the vehicle is towed, RCW 46.55.360 controls when it can be released.
When the arrested driver is a registered owner, that driver generally cannot redeem the vehicle for 12 hours. The clock begins when the vehicle arrives at the storage facility and is entered into the tow operator’s master log. It does not begin at the time of the arrest.
Someone arrested at midnight may therefore find that the hold lasts past noon if the vehicle did not reach the tow yard until later.
Another registered or legal owner who was not driving may generally retrieve the vehicle after it reaches the storage facility. A spouse, friend, or family member does not receive the same exception merely because the arrested driver gave permission. The person’s legal ownership interest matters.
What Should You Do After a DUI Tow?
Tow and storage charges may continue to increase while the vehicle remains at the facility. Once you are able to address the tow:
- Find out which agency ordered it and where the vehicle was taken.
- Ask when the vehicle entered the tow operator’s master log.
- Check whether another registered or legal owner can retrieve it.
- Keep the tow notice, invoice, receipts, and property inventory.
- Read the hearing instructions and deadline immediately.
Do not discard the paperwork after the vehicle is released. The impoundment may still affect the criminal case, especially if police searched the car.
Washington law also allows an owner or the owner’s agent to request personal belongings from the vehicle during normal business hours. Under RCW 46.55.090, those belongings generally must be kept intact for 20 days after the impoundment.
This can be important when medication, identification, work equipment, keys, or other necessary items remain inside.
Can You Challenge a DUI Impoundment?
Yes. Washington provides a separate court process for challenging whether the impoundment and the towing or storage charges were proper.
The tow operator should provide written notice of the right to a hearing, a hearing request form, the name of the agency that ordered the tow, and an invoice.
Under RCW 46.55.120, hearing request generally must reach the proper district or municipal court within 10 days of the date the opportunity for a hearing was provided.
The correct court depends on the agency that ordered the tow. A person should follow the instructions on the notice rather than assume every Tacoma or Pierce County impound goes to the same court.
If the court finds that the impoundment violated Washington law, the registered and legal owners may not be responsible for the towing and storage fees. Other remedies may include recovery of the filing fee and reasonable loss-of-use damages in qualifying cases.
The impound hearing is separate from the DUI prosecution. Winning the hearing does not automatically dismiss the criminal charge.
Can Police Search a Car After a DUI Impoundment?
Police may conduct a limited inventory of a lawfully impounded vehicle. The purpose is to document and protect property inside the car, identify hazards, and protect police and the tow operator from later claims.
An inventory should not be used as an excuse to conduct a general search for evidence.
When the original impoundment was unlawful, evidence found because of the tow may be subject to suppression. That happened in Villela. Because the officer did not consider reasonable alternatives, the vehicle seizure was unlawful and the evidence found during the inventory could not be used.
An unlawful impoundment does not automatically dismiss a DUI. The prosecutor may still rely on the driving, the officer’s observations, breath or blood results, witness statements, or other evidence.
The effect on the case depends on what police found in the vehicle and how important that evidence is to the prosecution.
Frequently Asked Questions About DUI Impoundments
Does the 12-hour hold begin when I am arrested?
No. It begins when the vehicle reaches the tow operator’s storage facility and is entered into the master log.
Can a sober passenger drive the vehicle home?
Possibly. A sober, licensed passenger may provide a reasonable alternative, but police can still consider ownership, insurance, safety, and the location of the stop.
Can a co-owner retrieve the vehicle before 12 hours have passed?
Generally, yes. A registered or legal owner who was not the arrested driver may retrieve the vehicle after it arrives at the storage facility.
Can I retrieve medication or other belongings?
Washington law generally allows the owner or the owner’s agent to retrieve personal belongings during the tow operator’s normal business hours. Identification may be required.
Talk to a Tacoma DUI Attorney
A tow can look routine in a police report even when the decision at the scene was not. A defense attorney can compare the report with body-camera footage, dispatch records, passenger statements, vehicle ownership, the location of the stop, and the officer’s reason for rejecting other options.
If your vehicle was towed after a DUI arrest in Tacoma or elsewhere in Pierce County, our Tacoma DUI attorneys can review whether the impoundment or any resulting search may affect your case.
We can be reached through our online form or by calling (253) 203-1645 to set up a meeting.