How to Get Your Car Back After Aiding and Abetting a DUI

Hiring an Attorney

Search for criminal defense attorneys. If you've been charged with aiding and abetting a DUI, you need an experienced criminal defense attorney on your side – both to defend against the criminal charges and to help you get your car back. Since you've been charged with a crime, you are entitled to an attorney. If you can't afford an attorney, you can have a public defender appointed by the court. However, you should keep in mind that a public defender may not be able to help you get your car back, since that typically is a civil administrative process rather than a criminal one. If you don't have anyone in mind, you might want to check on the website of your state or local bar association's website. They typically have a searchable directory of attorneys licensed to practice in your area. You might also ask friends or family members if they know any attorneys they would recommend – but keep in mind that just because a particular attorney served someone else well doesn't mean they would work for you.

Interview several candidates. Once you've identified local attorneys you're interested in hiring, make appointments to meet with each of them so you can find out more about what they can do to help you defend against the charges and get your car back. Criminal defense attorneys typically offer a free initial consultation, so it shouldn't cost you anything (other than time) to talk to several of them. Give each attorney as much information as you can about your case in advance, so they have sufficient information to appropriately analyze your case. You also want to prepare a list of questions ahead of time so you can ask each attorney important questions about their practice and experience. Asking a lot of questions ensures you get enough information about each attorney to accurately compare them and make a good decision.

Investigate each attorney's background and experience. The attorney you ultimately choose should have experience representing clients in situations similar to yours, with positive results. Ask each attorney you interview lots of questions about their experience dealing with aiding and abetting charges, as well as retrieving cars from impound. Not only should your attorney have experience navigating the criminal courts in your jurisdiction, they also should understand and have experience with the administrative processes involved in getting a car out of impound. Technically, you have two separate cases that you need the attorney's help with – the criminal charges themselves and the administrative process of getting your car back. Be sure to ask each attorney specific questions regarding whether they've represented people who were charged with aiding and abetting a DUI, whether they've assisted with getting a car out of impound, and what the result was in those cases.

Compare the attorneys you interviewed. When your initial consultations are over, take some time to objectively compare each attorney to the others to find the one who will best represent your interests and whose fees will fit into your budget. While cost will be a factor in your decision, it shouldn't be the sole determining factor in who you hire. Generally, you don't want to hire a less expensive attorney at the expense of experience handling cases similar to yours. This is particularly true in regard to getting your car back. Considering that you may be facing thousands of dollars in impound fees and fines, any attorney who has experience in getting those fees and fines reduced is generally worth what they charge – and you may even end up saving money.

Sign a retainer agreement. Once you've chosen your attorney, make sure you have a written agreement in place before you give them any money or allow them to start working on your case. The attorney should give you time to review the agreement thoroughly. Make sure you understand everything included in the agreement, particularly the fees you'll be expected to pay, how those fees are computed, and when your payment is due. If you have any questions or disagree with anything in the agreement, don't be afraid to speak up. While the agreement may be presented to you as a final document, everything in it is negotiable. Once you're satisfied with the agreement, sign it and make sure you have a copy for your records.

Getting Your Car Back

Locate your car. Before you can get your car back, you need to determine the specific impound lot at which it is being held. If you live in a relatively rural area, this may be easier than if you live in a large city. Typically, you'll receive a notification from the police department that provides your car's location, but you may not want to wait that long. Additionally, any notice will be sent to the title holder of the car. This means you may not be notified if, for example, your car is owned by your parents. To locate the correct lot, try calling the police station. The DMV also may have information on where impounded cars are taken.

Gather documentation. You must have specific documents to retrieve your car. Some of these documents, such as proof of insurance, can be copies. For others, such as your driver's license and your vehicle registration, you may need to provide an original or certified copy. If you intend to drive your car off the lot, you'll need to present a valid driver's license. You also need sufficient documentation to prove you are the owner of the car. This typically means presenting your driver's license along with a copy of the vehicle's registration. In most states you also must show proof of insurance since valid insurance is a legal requirement to drive a car.

Pay the impound fees. Before you can get your car back, you'll have to pay the impound fees that have accrued. This includes a base fee as well as daily storage fees, and can end up being several thousand dollars. There typically is an initial impound fee of several hundred dollars plus a storage fee of around $20 a day. In addition to these base fees, there may be additional fines depending on the circumstances under which the car was impounded. There also may be administrative fees involved for you to remove your car. For example, in Chicago you must pay at least $2,000 to get your car out of impound. This amount can be increased to $3,000 if the car was taken near a school.

Get a release letter. If your car is being held as evidence of additional criminal activity, you'll need a release letter from the police department before you'll be able to take your car from the impound lot, even if everything else is in order. The impound lot will have a "hold" on your car if it is being used as evidence. That hold must be cleared before you can take your car home. Keep in mind that typically, storage fees will continue to accumulate as long as your car remains in impound – even if it is being held there by the police. This is a situation where your attorney can help you, by contacting the appropriate authorities and working to get your car released. Typically, if the only crime was DUI, there's no legitimate reason to hold your car as evidence.

Request a hearing. In most jurisdictions, you have the right to a hearing if you believe your car was unfairly impounded. This hearing typically is an administrative proceeding, not a criminal court proceeding, but you are allowed to have an attorney represent you. Depending on your jurisdiction, you may have several options available to you that can help reduce or even eliminate the fees you were charged. For example, if the person charged with a DUI stole your car, or took it without your consent, you can argue that you shouldn't have to pay any fees since you were not responsible for the events that resulted in your car getting impounded. If the person took your car without your consent, this also may be a defense to the aiding and abetting charge. However, keep in mind that this defense typically is unavailable to you if you were in the car when the person was pulled over – and generally, you must have been a passenger in the car to be charged with aiding and abetting a DUI.

Defending against Criminal Charges

Meet with your attorney. Once you've completed the initial paperwork to hire an attorney, they'll meet with you to discuss the charges against you and evaluate your options. It's important to be completely honest with your attorney so he or she can accurately assess your case. The arresting officer typically will have assessed your level of intoxication. If you had been completely sober, they probably would have let you take the car rather than impounding it – although there are other factors that come into play there. For example, if the driver had previously been convicted of a DUI and was only allowed to drive a car equipped with a breathalyzer device, you could still be charged with aiding and abetting a DUI if you allowed that individual to drive your car, regardless of your level of intoxication. Your situation may be even more complex if you have previously been convicted of a DUI. This sort of background is something it's important to let your attorney know.

Evaluate the charges. Your attorney will review the specifics of the aiding and abetting charge as related to your case and explain the possible defenses available to you, as well as your chances of succeeding on those defenses. Typically, your attorney will go through the criminal court process so you can understand what is to come and what will be expected of you. Depending on how far you've progressed into the criminal justice process, your attorney may have information from the prosecutor regarding your charges, including the police report from the night the driver was arrested for DUI. Your attorney will discuss with you the possible penalties you could face if convicted of aiding and abetting a DUI, which may include limited jail time but most likely will amount to fines and a period of probation.

Consider negotiating a deal. In most situations, the prosecutor isn't going to be very interested in taking a charge for aiding and abetting a DUI to trial. For this reason, you're well poised to negotiate a good plea deal. Keep in mind that the burden of proof for the prosecution is rather steep. Primarily, they must be able to prove intent, which can be exceedingly difficult in this kind of situation. This is especially true if you were intoxicated at the time the driver was arrested. In that situation, you may have been incapable of properly assessing the person's level of drunkenness before giving them permission to drive your car – and that can be fatal to the prosecution's case. If you've been charged with anything else in addition to the aiding and abetting charge, the prosecutor may be more willing to drop the aiding and abetting charge entirely. But depending on what those other charges are, this may not necessarily be to your advantage. On a single charge of aiding and abetting a DUI, a deal may be your best bet and can save you the time and stress of a trial. This is especially true if this is your first brush with the law.

Attend your hearing. Typically the court will call a preliminary hearing, in which the judge will read the charges against you and give you the opportunity to enter or change your plea. If you've previously been arraigned and pled not guilty, for example, you'll have to change your plea if you've accepted a deal from the prosecutor. If you've chosen to take a deal, your plea will depend on the terms of the deal. Typically the prosecutor will present the deal to the judge, and then either the prosecutor or the judge will ask you a number of questions to make sure you understand the deal that is being offered and are accepting it voluntarily.