Immobilization and Criminal Forfeiture of the Vehicle After an Ohio OVI

Our Experienced Attorneys: Focusing on Ohio OVI Vehicle Recovery

A court-ordered vehicle immobilization can leave you stranded. As a result, you might not be able to go to work or school. Your family might not even be able to go shopping without your vehicle.

Our firm has over 50 years of combined legal experience safeguarding the rights of our clients, including their property rights. We understand the stakes you face after the police perform a DUI impound or a court orders vehicle immobilization. Our attorneys know Ohio law and can help you and your family understand your options for recovering your car.

Contact us to discuss your situation and learn about your rights under Ohio law.

Immobilization and Criminal Forfeiture Penalties

What is vehicle immobilization? Vehicle forfeiture, immobilization, and impoundment occur when the government seizes property allegedly used while committing a crime.

The offenses that trigger these punishments include OVI, driving on a suspended license after an OVI, and wrongfully entrusting your vehicle to an impaired driver. Ohio law determines how and when these punishments may be imposed as follows:

Requirements for the OVI Immobilization Order

A court can only issue an immobilization order upon conviction. In other words, you can keep your vehicle throughout your case unless it has been impounded. Bear in mind that the state can order an administrative license suspension, so you might not be able to drive your car even though you possess it.

You or your attorney must receive a copy of the court’s order immobilizing your vehicle, which specifies the following:

• Duration of immobilization
• Location where the vehicle will be immobilized
• Agency or person responsible for executing the order

If the judge orders the vehicle immobilized anywhere other than the defendant’s property, the designated person or agency will tow it. Regardless of the immobilization location, the order authorizes them to seize the license plates from the immobilized vehicle and blocks the BMV from issuing new plates until the period ends and the defendant pays the immobilization fees.

Timeline for Vehicle Immobilization After an Ohio OVI

In most cases, the court immobilizes the vehicle for 90 days. The court will credit any impound time against the immobilization period. For example, if the police impounded your car for five days after your arrest until you were released on bail, the court can order an 85-day immobilization.

How long can police hold a vehicle under investigation in Ohio? There is no strict time limit. The impound can last until the investigation ends. If the vehicle is evidence, the impound can continue until the criminal prosecution ends.

You do not automatically receive your vehicle back at the end of the immobilization. You must apply to the BMV for new plates and pay any immobilization, towing, and storage fees. Once those steps are completed, you can drive your car again.

Operating a Vehicle While Under the Influence Defenses

One of the best ways to avoid immobilization is to beat your OVI charges. Since immobilization only occurs upon conviction or a guilty plea, dismissal or acquittal can protect your vehicle.

You can use the following defenses to fight an OVI charge:

• The police lacked probable cause to stop you.
• The chemical test administered by the police was incorrect.
• You were involuntarily and unknowingly drugged.
• Your faculties were not impaired, and your blood alcohol content was under the legal limit.

The court cannot order immobilization if you poke enough holes in the prosecution’s case to raise reasonable doubt.

Waiver of Immobilization

The court cannot immobilize a vehicle registered to someone other than the defendant. Moreover, the court can waive immobilization of the defendant’s vehicle if the following conditions are met:

• A family or household member of the defendant files a request.
• The request identifies the vehicle.
• The requester states they depend on the vehicle for life necessities, and immobilization would cause an undue hardship.
• The court holds a hearing to verify the facts alleged in the request.
• The requester or the defendant pays an immobilization waiver fee.

The court issues an immobilization waiver order identifying the vehicle, specifying the people authorized to use the vehicle, and requiring it to carry restricted license plates. If the requester allows the defendant to use the car, the court may revoke the waiver and order the vehicle’s immobilization. Worse yet, the requester might face wrongful entrustment charges for allowing the defendant to use it.

Can You Sell an Immobilized Vehicle After an Ohio DUI?

You may want to sell your vehicle after receiving an immobilization order. Since you cannot drive it and your license may be suspended, you may decide to sell it to pay for other expenses.

You can sell a vehicle subject to an immobilization order after you receive court approval. The judge who issued the order will review the terms of the proposed transfer to make sure you are not trying to circumvent it. Thus, you cannot transfer your car’s title to your spouse, have the order vacated, and regain access to it.

Instead, the court must believe that you are acting in good faith to approve a title transfer. For example, you might gain approval for a bona fide sale at a reasonable price to someone, including a relative, who does not live with you.

Disposing of the Vehicle After Immobilization

A person or business that purchases your vehicle can do anything legal after vacating the order, including:

• Use it.
• Resell it.
• Give it away.
• Scrap it.

However, they cannot transfer it back. If you sell your vehicle, you remain liable for the immobilization fee as well as any towing and storage fees you may have incurred.

You can choose not to pay the immobilization fee at the end of the period and leave the car where it is. If you do this, the court will hold a hearing to determine the disposition of your vehicle.

The government entity designated by the court to immobilize your vehicle may take title, but it must pay any liens on it. The lienholder, if any, can take the title if it pays the immobilization, towing, and storage fees. The impound lot can take the title if none of the other parties want it.

How Our Ohio Immobilization Lawyers Can Help You

We have the skills and knowledge to help you when you face vehicle forfeiture, immobilization, or impoundment. When you hire our firm, we provide the following:

• Analyze your case to identify the options you and your family have to keep your car.
• Gather evidence to support your positions and present it in court.
• Argue forcefully against depriving your family of the vehicle for your conviction.
• Guide you and your family through the immobilization process so you do not violate the court’s order.
• Help you regain your vehicle at the end of the immobilization period.

We have decades of experience helping people facing the loss of their vehicles. Contact us to learn how we can help.