Impoundment or immobilization of your vehicle under the Florida D.U.I. statutory scheme can be quite confusing. Under Florida Statute section 316.193(6):
- For the first conviction the Court must order, as a condition of probation, order 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 at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days.
- For the second conviction, the Court must order, as a condition of probation, order the impoundment or immobilization of ALL vehicles owned by the Defendant at the time of impoundment or immobilization, for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days.
- For the third conviction, the Court must order, as a condition of probation, order the impoundment or immobilization of ALL vehicles owned by the Defendant at the time of impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease or rental agreement that expires within 90 days.
The Court must at the time of sentencing the Defendant issue an Order for the impoundment or immobilization of a vehicle. Within 7 business days after the date the Court issues the Order for impoundment or immobilization, the Clerk of the Court must send notice by certified mail, return receipt requested, to the registered owner of each vehicle, if the registered owner is a person other than the Defendant, and to each person of record claiming a lien against such vehicle.
However, just because you are convicted, does not mean you must have your vehicle impounded!! Under Florida law, the impoundment or immobilization may be dismissed!! At sentencing, your attorney can raise the following hardships on his/her client why the impoundment may be waived:
- If the Court makes a finding that the family of the owner of the vehicle has no other private or public means of transportation.
- If the Court makes a finding that if any of the vehicles that are owned by the Defendant but they are operated solely by the employees of the Defendant or any business owned by the Defendant.
- A person who owns but was not operating the vehicle when the offense occurred may submit to the court a police report indicating that the vehicle was stolen at the time of the offense or documentation of having purchased the vehicle after the offense was committed from an entity other than the defendant or the defendant’s agent. If the court finds that the vehicle was stolen or that the sale was not made to circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs. If the court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an evidentiary hearing.
- A person who owns but was not operating the vehicle when the offense occurred, and whose vehicle was stolen or who purchased the vehicle after the offense was committed directly from the defendant or the defendant’s agent, may request an evidentiary hearing to determine whether the impoundment or immobilization should occur. If the court finds that either the vehicle was stolen or the purchase was made without knowledge of the offense, that the purchaser had no relationship to the defendant other than through the transaction, and that such purchase would not circumvent the order and allow the defendant continued access to the vehicle, the order must be dismissed and the owner of the vehicle will incur no costs.
In my personal experience, the hardship definition varies courtroom to courtroom. For instance, last week a client was sentenced to a DUI first time offense, and the Seminole County Judge found no hardship where the Defendant was a college student who was attending school full time and had no other means of transportation to and from school. In contrast, I had a client who was sentenced to a DUI and they were the sole breadwinner for the family and they had no other means of transportation. Here, the Orange County Judge found a hardship, and dismissed the impoundment against my client.
People also feel that impoundment or immobilization means that their vehicle must go to an impound yard at the police station or some other government facility. That is not true. In some cases, probation can come to your residence and place “the Club” or some other device that can render your vehicle immobile.
Of course, my first priority is to have your D.U.I. charge dismissed or win at trial. However, when all the options and defenses are exhausted, I will still fight to get you the best possible resolution for your case.
By: Christopher J. Atcachunas, Esquire
