Vehicle Immobilization

Columbus Second Third Offense DUI Defense Attorney - Central Ohio

Vehicle Immobilization. When a person is arrested for OVI/DUI, that person’s car is usually (but not always) towed. One of the consequences of O.V.I./D.U.I. may be immobilization or forfeiture of the vehicle, depending on the number of prior O.V.I./D.U.I. convictions on the person’s record.

First Offense. If you are arrested for OVI/DUI and you do not have any prior OVI/DUI convictions, your car may have been towed but should be easily released. Ohio law does not authorize immobilization of your vehicle as a penalty for a first O.V.I./D.U.I. offense. If you pay the towing/storage fees and provide proof of ownership, the car should be released (unless there is some other justification for holding it). If you were placed under an administrative license suspension (A.L.S.), you will need a licensed driver to drive your car from the impound lot for you.

Second Offense. If you are convicted of an OVI/DUI and you have one prior conviction within six years, the judge must immobilize your vehicle for 90 days and impound its license plates. During the period of immobilization, the vehicle may not be driven or sold.

Exception. A court may waive the immobilization requirement if a family or household member residing with the defendant is completely dependant on that vehicle for the necessities of life so that immobilization of the vehicle would be an undue hardship. If the immobilization requirement is waived by the court, the vehicle must have restricted plates (yellow license plates) and must not be operated by the defendant.

Third Offense (Or More). If you are convicted of OVI/DUI and you have two or more prior convictions within six years (or five or more convictions within 20 years), your vehicle is subject to forfeiture. The vehicle will become the property of the government. The immobilization waiver available for a second offense is not available for a third offense or more.

Contact a Columbus, Ohio DUI OVI Defense Lawyer

If you have been charged with DUI in central Ohio, contact the criminal defense law office of Shawn R. Dominy, Attorney at Law for an initial consultation about your case.