Vehicle Impound In Arizona
Why vehicles get impounded, and how to get them back.
Why Would The Police Impound A Vehicle?
Arizona state law permits the police to impound a vehicle if a driver is charged with any of the following:
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- Driving on a suspended license.
- Extreme or aggravated DUI.
- No valid driver license.
- Transporting an illegal alien.
- Concealing an illegal alien in the the car.
- Racing
- Reckless Driving
- Obstructing a Highway
Police may also impound a vehicle if:
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- The driver is required to have an ignition interlock device but does not.
- The car is for sale and the VIN has been destroyed, removed or altered.
You can read the statute (A.R.S. 28-3511) for more detail of the above, and some other circumstances a vehicle might be impounded that we are not covering here.
How Long Is The Impound?
For example, if a vehicle is impounded due to a driving on a suspended license charge, the driver can get the vehicle released sooner than 20 days if the driver provides proof that his or her driving privileges have been reinstated.
If the impounded vehicle did not belong to the driver who was issued the citation, the actual owner can often retrieve the vehicle from impound almost any time as long as the owner has a valid license, registration and insurance.
If a vehicle is impounded for obstructing a highway, it is impounded for 7 days.
Frequently Asked Questions
How Does the Owner Get the Vehicle Back?
This will vary depending on which law enforcement agency impounded the vehicle. It is always a good idea to contact the law enforcement agency that impounded the vehicle for specific instructions before attempting to retrieve the vehicle.
The owner will need to provide proof of a valid driver’s license, current registration, and current insurance before the vehicle is released. The owner will also have to pay an administrative fee to the law enforcement agency, as well as storage fees to the towing company storing the vehicle.
If the owner fails to make a claim on their vehicle by the time the impound period ends, the towing company can apply to take title of the vehicle and sell it. See A.R.S. 28-3515. If the owner cannot afford the fees to get the vehicle released, or cannot otherwise meet the requirements for the release of the vehicle, they should contact the towing company to make arrangements and try to assure the vehicle is not sold.
What If the Charges Are Dismissed?
Tough luck. The state wants its money, and the owner still owes the impound fees. Neither the courts, nor the police, nor the private company holding the vehicle care about treating the owner fairly, as long as they are making some money in the process.
What If the Owner is Innocent?
In some rare cases, like if the vehicle was stolen, then the fees may be reduced — but usually the towing company and the law enforcement agency will expect the owner’s insurance to cover the fees, since that should be part of the owner’s coverage for stolen vehicles. Also, see above answer to “what if the charges are dismissed.”
Doesn't the impound of a vehicle prior to a conviction violate some constitutional rights?
You would think right? But no. The government has determined it’s totally cool to take people’s property when they haven’t been convicted of anything.
Most freedom-minded people believe that this kind of impound violates the Fourth Amendment of the U.S. Constitution. The Fourth Amendment prohibits unreasonable searches and seizures. The issue being that the vehicle is impounded before the defendant – the driver – has a chance to dispute the charge in court.
But, the government has found that such a seizure of property does not violate the constitution.
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Is there ANY way of getting impound fees waived if my car was stolen & found abandoned? I am disabled & have a pending disability claim for over 3 yrs which means no income. Tow co. tells me “FEES ARE NOT NEGOTIABLE.” So I just lose my car because Im disabled with no income? Im the victim. Wheres the justice in this?
I personally believe most of the literature herein, specifically with regard to “private towing carriers” are inaccurate. According to municipal code 32-2(a) and signed into law by former governor Doug Deucey, “no private towingncarrier shall hold or attempt to hold any vehicle towed from any location within the city without the consent of the owner or operator thereof as security for accrued towing and storage charges. Any such vehicle shall be immediately released, regardless of impound location, to the owner or operator thereof upon the production of proof of ownership or agency , as hereinafter defined.”
Lamens terms, in my humble opinion, is that your vehicle can NOT be held for monetary ransom so long as you have proof of ownership of the vehicle. The towing company will fight you on this and you will certainly need to contact non-emergency police and have an officer there to enforce the law. Have paperwork ready with municipal codes as it appears that either many attorneys and police officers are simply unaware of this municipal code or possibly they have other monetary gains as well. It also states later in the code language that the officer cannot send the vehicle to a tow yard in BFE. That they must use a local yard. My sons officer sent his truck from Anthem, Az to Tempe, Az. This would be a great example of what NOT to do and when litigation begins i will be forthcoming in the events that follow. Suit will be filed today, so there isn’t much else to speak of on that with respect to the court.
Hi Mike, This page is about impounds, not towing. An impound means that the State is holding the vehicle for a certain amount of time, 7 or 20 days usually. The vehicle cannot be removed early except under certain circumstances. A tow just means a vehicle was removed and can be retrieved at any time.
I don’t know what municipal code you are talking about. The state law that Gov. Ducey signed was related to ARS 28-4847. This statute deals with vehicles that have been towed, often following an accident. It does not deal with impounds. The language in this statute also states that the tow fees must be paid prior to release.
Hi can my husband get my car from Gilbert tow yard if it’s in my name. I have warrant and don’t want to risk it. He has the marriage license and and insurance paperwork.
Hi. My vehicle (actually, my mother’s vehicle) was impounded in another state and I’m not sure how to get it back. My family and I live in TX, and my mother had my boyfriend drive her to AZ using her vehicle so that she could meet a friend of hers who was moving from AZ to Tennessee. My mother was going to ride with her friend in the U-Haul truck to Tennesse, and my boyfriend was going to drive my mom’s car back to TX. My mother has already made it to Tenessee and my boyfriend just got her car impounded today. Will my boyfriend be able to get my mom’s car out of impound if he’s on the insurance? Or is my mo. Going to have to find a way to get all the way back to AZ to get it?
They took my car parked in front of my cousin’s house they said someone called and someone was sleeping in car wrong I just showed up was changing it ignition due to faulty ignition and passlock issues the cops roll up made me get on ground had me all my mom where she was they even talk to worker where she was she said I could have control of vehicle we were just about to move it into yard they said no we are towing it cause it’s not insured and registered now car wasn’t driving it was parked so after if was fixed then we would have insured it but they also said they can’t prove that’s my mom on phonr even after worker confirmed it on my phone and the police phone they still took my car and she is on SSI how can I get car for free back they should never have taken it I was let go no paperwork at all
My situation is a mess hopefully you can point me in a direction!
About 10 years ago, my significant other was pulled over on his way out shooting- a not bright enough license plate light. He was arrested because of an unpaid seatbelt ticket he missed court ons, so was driving on suspended. The officer toke the guns into “Safe Keeping” (left his crutches in truck- he has one leg) Truck in my name my insurance. I went to collect him from sidewalk where they dumped him in front of jail.(got to crawl around house for 4days before able to go get truck) I got their Bloodmoney I mean administrative money order to get release form for tow yard to collect vehicle. Apperantly,the release states somewhere that no unlicensed driver will use that vehicle for two years.
They gave him property slip that listed two Scopes, no guns. Like an Olympic acrobat I jumped and jumped through every hoop but they no give guns back! (had I known about civil asset forfeiture then, I would have saved myself the trouble of even trying!
Year goes by, he pulled over again (really hate Scottsdale). Truck impounded. 30day hold. This time Bloodmoney in hand, they hand me a ticket for close to $1000.00!
Funny thing, all the money I had, was wrapped up in my savings account in the form of guns.
I went to court explained that I handed the keys to a licensed driver and what happened later was out of my control. (significant other had money invested in truck-, he helped me buy it, but everything in my name) well, Judge tacked on another $1000.00.
I’m completely pennyless, no money at all left living in said vehicle.
Now for last 2years, Scottsdale has kept my state taxes. Fine. But here’s the kicker, I went to RE-registar my vehicle, and they won’t let me. Now keep in Mind, the Judgement 10years ago was only for that vehicle! Judge said I could not reg. THAT vehicle. They tried all sorts of things through the years like to suspend my licence but it was a non moving violation and wouldn’t stick. I have reg. several vehicles in these 10 years until today. Taxes started 2years ago.
How are they able to change my judgement this late in the game? Doesn’t that ring of due process, changing my judgement or ruling? Charged for same thing again!
Can a person ever go back to court and ask for the fines to be lowered? It’s a bit excessive to say the least! Plus they got my entire savings account made me pennyless and destitute! It was a hard climb outta that hole. very dark times! sorry so long but thank you
If I was parked in front of the house and cops woke me up can they impound my car if I was arrested
Hi Craig,They can tow anytime you’re arrested, but whether or not they can impound the car depends on what you were charged with.
I was charged with possession of drug paraphernalia and taken to jail and released car impounded but I was no charges with driving on revoked license
Hi, was the car actually impounded, or just towed? An impound means you have to wait a certain period of time to get the car back. If it was just towed because you were taken into custody, then you should be able to get it back at any time. If you want to discuss in more detail, please give us a ring.
Got arrested on Saturday and got my car out on Tuesday morning. I got my car stuck that same night and called the same towing company to get my car unstuck. They were not able to retrieve my car at night but they said they’d get it out this morning. When I called back they said they took the car back to the impound because of the 20 day hold it should had never been released back to me. Is there anything I can do since they had already released it over to me?
Hi John,
If the car was subject to a 20 day impound, and they got it back in the impound lot, there probably isn’t much to be done unfortunately.
My vehicle was impounded by Arizona DPS. I signed a POA to my cousin and signed a paper saying that she can retrieve the vehicle. She has a copy of my liscense and she also has a valid license and insurance. After paying the fees would she be able to retrieve my vehicle
what are the perimeters for retrieving a car that was impounded on behalf of someone who did not ever transfer the title. If they person contacts you to retrieve car, am I able to remove car after paying fees with my valid license ? Upon removal of vehicle I wish to sell it. to someone whom I will go to mvd and switch over in person, can I remove it? do I need insurance and registration on it in my name? its been over a year since that was officially registered to me. I heard about a 30 day permit to release without having to fully register the car? please advise. need help before my license gets an abandoned vehicle due to a manipulative ex.
Hi Marie,
I’m not really clear on what happened, but generally speaking, you can retrieve the car from impound if you have an ownership interest in it, a valid license, and the car is insured and registered.
My son accelerated to get over and get off the highway and an officer pulled him over and said he was “street racing”. They impounded his car. The officer told him he could call on Monday to get it out. He went down today to Code enforcement and they will not let him get it out. He brought license, insurance, registration, and $$ and they said he can’t get it for 20 days??
That is unfortunately the way the law is written. If a driver is simply charged with racing, the police can impound the vehicle for a minimum of 20 days. If there is a co-owner of the vehicle, that person may be able to get the vehicle out before the 20 days run.
My sister sold a vehicle to someone through offer up , the guy never transferred the car under his name for about 3 weeks and my sister found out because she got a call from a towing company telling her to pick the car up for $360. She went and paid for the car and resold it again to someone else who did transfer the car under their name. The lady called police and said my sister stole the vehicle from him and is demanding more money than what she gave her to begin with. Legally , is my brother responsible for paying her the money ? She is planning on filing a claim soon.
Hi does this apply if police weren’t involved? Mine got towed from a business plaza the people told ,w it was ok to be there then so,which called in to get it towed by a actually tow yard, also idk if this applys either or will help my case, but they had to tow zone signs anywhere on that property , so doesn’t that mean my truck was towed illegally?
I have an Arizona general POA for my sister in law since she is out of state/country for a few months. My HOA had her vehicle towed. There was tree trimming in the neighborhood and I moved her vehicle to an area clear of the trees the day of trimming. The day after trimming her vehicle was towed. Does the HOA have the right to have the vehicle towed? There is no evidence her vehicle was in a dangerous area. To further add insult to injury the tow company is refusing to release the vehicle to me stating there is a statued that does not allow them to use a POA to remove the vehicle from the lot. I have proof of insurance and a government issued ID.
Hi Sarah,
The way the statute reads, you would need a signed statement from your sister-in-law that you have her permission to retrieve the vehicle. A general POA arguably is not specific enough for that purpose. You would also need a copy of your sister-in-law’s license. As for the HOA towing the vehicle, you would have to check the bylaws. I expect the HOA has some provision about overnight parking in certain locations resulting in towing.
Thank you so very much for your response. Because of your assistance I was able to retrieve my sister in laws vehicle. I am extremely grateful!
Sarah what is a HOA towing and how were you able to get the vehicle , did you have to have it insured in your name ?
Hi Kylee,
HOA is home owner’s association. I believe Sarah’s home owner’s association caused the vehicle to be towed.
As for insurance, the insurance needs to be tied to the vehicle, not necessarily the person who is retrieving it. An insurance card that identifies the vehicle on the card is what you will want to provide.
Thanks for letting us know Sarah, so glad to hear that!
I pulled over to rest was getting tired so thought I would be okay on the shoulder of the b-line highway. Cop came arrested me for warrant out of Gilbert. Searched my vehicle got new charges but I told them my dad was going to pick it up to avoid towing and he had the spare set. Of course they ignored me and took me to Gilbert was in jail for two days. Im dealing with a serious medical issue and I told the cops I had to go to check in the hospital as soon as I left the jail. I was only out to deal with a prior court date and I was instructed to get back to hospital where I finish IV antibiotics treatment via pic line. I called towing company told them I’m hospital bound and cannot leave. I have to get registration and insurance and now the fees are $1436.00.. I haven’t been able to work for 2urs due to being in and out of hospital and I can’t pay towing fees. What do I do? The salt river reservation has my vehicle
Hi Sarah,
You may be able to have your dad pick up your vehicle if it was just towed, and not impounded. Your dad would need his license, a copy of your license or ID, and a signed statement from you that he has your permission to retrieve the vehicle. The vehicle would also need to be properly registered and insured, and he would need to pay the fees to the tow yard.
Son was locked up police called for a tow but was not inpounded. I have power of attorney with my vaild license, my insurance amd tow company refuses to realease car to me
Hi Tyler,
If the vehicle was not impounded, and was just towed, you should be able to retrieve it. Typically you would need your license, a copy of your son’s license or ID, and a signed statement from your son that you have permission to retrieve the vehicle. You would also want to be prepared to show proof of insurance and current registration, and to pay all of the tow fees. Regarding the statement from your son, or the power of attorney you mentioned – when we are preparing a power of attorney for a situation like this, we usually make it very clear what the purpose is. We might include language like “I appoint the Attorney-In-Fact identified above to take any action required to remove the vehicle described above from XXX tow yard” or something along those lines.
what if I paid the fee and paid for towing but the impound won’t bring me my car
Hi Enrique,
In my experience, you will have to engage your own tow company to transport the car if it cannot be driven; the company that towed it in the first place and then stored it is not going to bring it to you, even after you pay the tow fees and impound fees.
My son bought a car on a weekend he got insurance a temporary registration & plate on line the owner kept her license plate His wife took it & got pulled over for running a stop sign she had a suspended drivers license she was arrested & the car was impounded On Monday he went to DMV & had the car put in his name when he went down to pay the impound fee they said because at the time the car was still in the old owners name he had to have her go down with him He does not know her & when he contacted her she said she doesn’t understand why she has to be involved & that she will not go with him He has thee money to pay the impound fee the towing fee & storage now but without transportation can’t even go to work & will not be able to pay $25 a day × 30 days infact at this point he’s looking at losing his job what can he do?
What can he do?
Hi Stephanie, Unfortunately, there may not be much to do here to get the vehicle out early. The impound statute is clear that a registered owner who was not the driver may get the vehicle released early provided that they were an owner at the time of the impoundment. Because the vehicle was put in your son’s name after the impound, he cannot get it out early.
My vehicle was impounded for DUI for 20 days in Scottsdale. I am seeking to try to get an early release. My question is, I have an out of state license. Would they allow me to get the vehicle out with an out of state license that is valid?
An out of state license, as long as it is valid, and as long as there is no suspension of your driving privileges in Arizona, should work.
Thank you for your quick response. Follow up question. They issued an AZ license and suspended that. But then issued a temporary driver permit that expires in 15 days or longer until summary review or hearing decision was made. Does that temporary driver permit allow me the privileges needed to get it out?
If the police confiscated your physical license and issued you the implied consent affidavit as your temporary license, but there is not currently a suspension, you should be able to use that. You will probably need some sort of government ID to go along with it though.
Okay, thank you. They did not take my out of state license. I am still in possession of that.
Chris I have one follow up question if you don’t mind. Thank you for all your help thus far. My license plate is a Texas plate, which is currently on my car in Impound. On my Impound Report the “License Plate Impounded” box is checked Yes.
On the back of the impound report it says one of the things I need if that box is checked is a new license plate. And that I must obtain one from MVD or will need to get a temporary paper plate.
Does this apply if my license plate is an out of state plate?
I don’t know for certain the answer to your question about the impounded license plate. My guess is that if they are impounding the plate, that there is some problem with the plate. If there is a problem with the plate, it would make sense that that needs to be corrected, either with a new plate or temporary plate, before you can retrieve the car. I think this would apply regardless of what state the plate was issued in.
Can a car be impounded for no license plate and registration
It could certainly be towed, and that would require a valid license, insurance and current registration to get it back. Unless there was something else in play, it should not be impounded.
My car was impounded for 30 days but I was able to retrieve prior to 30 days. The letter from the Police stated the statue 28-3511 and the max of $15 dollars per day for storage. When I paid the fee, they charged me $32.50 per day for 11 days?? I called the towing company, he stated there was a sign outside(somewhere) that less than 30 days it’s $32.50?? I told him the letter from Police doesn’t state that, he said I can’t control what the police do.
Thoughts?
Thank you.
That sounds pretty irritating. Unfortunately this is one of those situations where there is probably no satisfactory (cost effective) resolution. And that towing company knows it. They have drivers in a bad spot – they kidnapped their car and are holding it hostage until the fees are paid. Theoretically, you might have some civil action available, but the time and money involved with that makes it an impractical option.
What if we never pick up the vehicle? Leave it in storage/impound w/ the towing company, allow them to assume ownership, clear title, and sell/auction the car. The car was totaled in an accident, the driver at the time was alone in the car, having borrowed it. Insurance follows the car in AZ so they handling the claims, the driver of the car is making themselves unavailable and will not participate in retrieving the vehicle or taking any responsibility. Which is reportedly well within their rights. We now would like to just leave and abandon the totaled vehicle, consciously make the decision to just leave it w/ the towing company, in their impound lot. If we completely abandon the car, leave it in impound for the 30-day period, allow them to obtain title…can the tow company at a later date try to collect on the towing fees and storage fees? We are willing to allow the car to be assumed and sold/auctioned by the tow company. Will they still come after my daughter (collections or other means) for non-payment of the impound tow and/or storage fees? Thanks!
Supplemental- the car is my daughters, registered in her name, she is over 18yrs old, insured solely in her name. We, her parents, trying to help her make the right financial decision; leave it, abandon it, or does she need to pay the tow and storage fees, regardless of whether or not the vehicle sells for more than what she owes. Is the sale/auction separate from the towing and storage fees? or, is the sale/auction intended to offset those fees if the vehicle is never claimed? Thank you
Is a search warrant required for Phoenix PD to impound the car I was driving on a suspended license?
The car does not belong to me; it is part of my deceased mother’s estate. I am the executor of her estate
Hi James,
No search warrant required for a vehicle impound, but the police will “inventory” the vehicle when it is impounded.
Can the police impound a car just because I was arrested? I was arrested for an outstanding warrant while walking out of a retail establishment. The business accused me of shoplifting but I was not. I was 50 yards away from my vehicle and they only found it by using my key fob and going to the vehicle.
Hi Brian,
It sounds like your car may have been towed incident to the arrest, not necessarily impounded. Have you tried to retrieve your vehicle? If it was just towed, you should be able to go get it anytime.
What about the community caretaking function? Even if the law allows the impoundment, it still must be reasonable under the 4th amendment, the statute alone without more does not allow the impound unless there is something else. (impeding traffic, blocking drive ways, in a no parking zone etc. ) And if you are only given a citation and allowed to leave, then their is no government action that would make the government responsible for your car under the community caretaking function.