Can local sheriff put 30 day hold on my car if it was my son who was arrested while driving it?

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Can local sheriff put 30 day hold on my car if it was my son who was arrested while driving it?

My son aged 25 was arrested for DUI while driving my car. It was impounded and the sheriff has put a 30 hold on it but it is registered in only my name. I need the car for transportation for work. Is this legal?

Asked on July 27, 2011 California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Most states and even counties have very strict laws when a person is arrested for driving under the influence of alcohol or a controlled substance which includes impounding of the vehicle being driven for a certain period of time.

The vehicle impounded is evidence pertaining to the arrest and as evidence it can be impounded essentially for as long it takes to resolve the alleged crime that it was an instrument of. It does not matter in whose name the car is registered in.

Answer: It is legal for law enforcement to have your car impounded as evidence supporting the arrest of your son. You option is to request its release and see what happens.


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