Will My Car Be Impounded After a DUI Arrest in New Jersey?
Posted June 12th, 2025.
Categories: Blog.
After a DUI arrest in New Jersey, your car will likely be impounded. This acts as a safety precaution for others in the community and a way to discourage people from committing the crime in the first place. To learn more, reach out to an experienced New Jersey criminal defense attorney today.
Will My Car Be Impounded After a DUI Arrest in NJ?
Yes, your car will be impounded after you are arrested for a DUI in New Jersey. When you are pulled over for suspected drunk driving, the officer will conduct a series of tests to determine whether or not you are sober. This can include administering a breathalyzer and/or field sobriety tests like standing on one leg, measuring your eye movement, or having you walk in a straight line.
If you are determined to be intoxicated, you will be arrested and put in the police car to go to the station. Your vehicle will be towed and impounded according to John’s Law and N.J.S.A. 39:4-50.23.
What is John’s Law?
John’s Law is the New Jersey statute that grants law enforcement the authority to seize an individual’s vehicle after they are arrested for driving under the influence. John of John’s Law was a 22-year-old NJ resident who was hit and killed by a drunk driver in the year 2000. The drunk driver was pulled over and arrested for a DUI but was later released to the custody of a friend. That friend took the driver back to their car despite the fact that they were still intoxicated. After getting back behind the wheel, the driver struck and killed John Elliot.
As a result, John’s Law was born. This statute states that when an individual is arrested for a DUI, the arresting law enforcement agency must impound the vehicle for at least 12 hours unless extenuating circumstances allow the vehicle to be released to someone other than the arrested individual.
This law ensures that the individual arrested for a DUI has ample time to sober up before they are able to access their car and get behind the wheel again. In addition, the individual who arrives to pick up the arrestee must be issued a written warning stating that they could face both criminal and civil liability if they allow the individual to operate a vehicle while still intoxicated.
Do I Have to Pay for the Impoundment?
Yes, as the vehicle’s owner, you will be responsible for covering all costs associated with the impoundment of your vehicle. This includes the cost of towing the car to the impound lot, storage fees, administrative fees, and more. While you can generally retrieve your vehicle after 12 hours, it is important to note that the longer you leave it there the more expensive it will be to get it back.
If you were arrested for drunk driving in New Jersey it is crucial that you understand all of your legal rights and options. Reach out to a skilled attorney today for more information.
