Vehicle Immobilization in Florida

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Under Florida Statute Section 316.193(6)(d), following a Driving Under the Influence conviction, the court is obligated to issue an order for the immobilization or impoundment of a vehicle, unless the defendant can demonstrate that an exception applies.

The duration of impoundment or immobilization depends on the severity of the offense:

First DUI Conviction, second DUI outside five years, or third DUI outside of ten years:

• Impoundment Duration: 10 days

Second DUI Conviction (within 5 years of a prior DUI):

• Impoundment Duration: 30 days

Third DUI Conviction (within 10 years of any prior DUI):

• Impoundment Duration: 90 days

When this requirement is imposed, it applies to the vehicle involved in the offense or any vehicle registered to the defendant. For a second DUI within five years or a third DUI within ten years, all vehicles owned by the defendant must be impounded or immobilized if required at sentencing.

At The Law Office of Sean Clayton, PA, our dedicated team of attorneys specializes in providing vigorous defense for DUI cases in Fort Lauderdale, Miami, and West Palm Beach. Our primary objective is to achieve the best possible outcomes for our clients, often resulting in complete dismissal of charges or reduction to the lesser offense of Reckless Driving.

Additionally, we offer invaluable guidance to our clients throughout the administrative proceedings with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). Our advice includes strategic approaches that may enhance their chances of a favorable resolution. Ultimately, our goal is to assist clients in minimizing the long-term consequences associated with a DUI charge.

Following a DUI arrest in Fort Lauderdale or anywhere in South Florida, you will encounter two distinct cases. First, there is the administrative case with the DHSMV, which focuses on the suspension of your driver’s license. The second is the criminal case which unfolds in the courts. Our experienced DUI lawyers handle both types of cases across South Florida and can provide expert guidance on the best course of action for your situation.

We strongly encourage anyone accused of DUI with property damage to consult with an attorney early in the process. For assistance in selecting the right DUI Lawyer, consider reviewing our Tips for Selecting a DUI Attorney. 

Florida law allows the court to dismiss the order of impoundment for vehicles owned by the defendant if they are exclusively operated by the defendant’s employees or any business owned by the defendant. This provision is outlined in § 316.193(6)(h).

Additionally, the law mandates that the court must dismiss the impoundment if it determines that the family of the vehicle owner has no other private or public means of transportation. This requirement is specified in § 316.193(6)(g).

In situations where the defendant was driving a vehicle owned by a third party during the incident, the statute anticipates that the third party can seek a waiver of immobilization. To do so, the third party must provide documentation to the court demonstrating that the vehicle was either stolen or legitimately purchased from the defendant. If the request for waiver is denied, the third party has the option to request an evidentiary hearing under § 316.193(6)(e) and (f). Often, the vehicle owner will present evidence showing that impoundment would cause significant hardship.

Tell your DUI lawyer if these conditions exist and they will motion the court to consider dismissing the immobilization condition. 

Many businesses throughout the Fort Lauderdale area provide immobilization services. In some counties, the sheriff’s office offers the service directly. Your probation officer should be able to confirm who to contact for your county. 

In either scenario, the service will come out to wherever the vehicle is stored and place a device, like a “boot”, on your vehicle which will prevent you from driving. The price can range from $50for a 10-day impoundment to approximately $300+ for a 90-day impoundment.

There are some that offer a less obvious device like “The Club”.  If discretion is important, you may wish to confirm with the service prior to booking. Of course, there is a charge for this service. 

After the period of impoundment or immobilization is completed, you should be provided with a certificate of completion to show your probation officer as proof that you have completed this condition of your DUI probation.