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How to Get Your Car Back After a DUI in New Jersey
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Getting Your Car Back From Impound
After a DUI arrest, your car is impounded for at least 12 hours by law in New Jersey. This is to keep drunk drivers off the roads and is standard procedure. The impound lot will not release your car until you are legally allowed to drive again and can show proof of insurance, registration, and a valid license.
You’ll also need to pay towing and storage fees to the impound lot, which can really add up fast. Expect to pay $100-$200 for the tow plus $20-$40 per day for storage. Ouch! Always ask about any additional fees too.
The best way to get your car back quickly is to have a friend or family member with a valid license and insurance pick it up for you. Make sure they bring all the paperwork – the impound lot will need to see your license, registration, and insurance before releasing the car.
If you don’t have someone who can pick up the car for you, you may need to wait until the mandatory 12 hour hold period ends and your license is restored. This will likely mean paying more in storage fees. Definitely not ideal, but it happens.
Getting Your License Back
You need a valid driver’s license to get your impounded car back after a DUI. In New Jersey, your license is usually suspended immediately after a DUI arrest.
For a first offense DUI, your license can be suspended for 3 months. But you may be able to get a temporary license after 7-10 days through New Jersey’s Intoxicated Driver Resource Center (IDRC) program. This involves having a hearing and completing some paperwork.
If you refused a breath test during your DUI stop, your license could be suspended for 7 months-1 year in NJ. Again, you may be able to get a temporary license after 90 days if you complete the IDRC program.
The IDRC website has more details on the program and how to get your license restored quickly. Getting your license back, even temporarily, is key to getting your car out of impound.
Alternatives If You Can’t Afford Impound Fees
Those impound and towing fees can really break the bank after a DUI. If you can’t afford to pay them, you do have some options in New Jersey:
- Payment plans – Many impound lots will work with you on a payment plan if you are upfront about not being able to pay in full right away. They want to get their money eventually, even if it takes a few months. Always ask!
- Credit cards – Some impound lots accept credit cards, allowing you to pay over time. The fees might be higher but it beats losing your car. Run this by them.
- Loans – You may be able to take out a small personal loan to cover the fees, allowing you to pay it back over 6-12 months. Banks, credit unions, and online lenders are options. The interest rates are high, so this should be a last resort.
- Borrow money – Swallow your pride and ask a family member for help. A loan from mom or dad beats the impound fees!
- Public transportation – If you absolutely cannot afford the fees, you may have to take public transportation for a while. Not ideal but sometimes necessary.
Having a plan to pay those pesky impound fees can help get your car back faster. Don’t let money be the reason you lose your ride.
Fighting Civil Forfeiture
After a DUI arrest, the police may try to permanently take your car through a process called civil asset forfeiture. This allows them to seize property they think was involved in a crime – even without charging you!
Luckily, civil forfeiture is not super common after a routine DUI stop. But if the police do try to permanently keep your car, you have options:
- Contest the forfeiture – You can challenge the seizure in court and try to get your car back. Proving you weren’t driving recklessly and this was a one-time mistake may help.
- Hire a lawyer – An experienced DUI attorney can help negotiate with the police or prosecutor to get your car returned. Legal expertise is key.
- File a complaint – If you feel the police are overreaching, file an internal affairs complaint. Enough public pressure could make them back down.
- Spread awareness – Contact local media and politicians. Get them talking about overly harsh civil forfeiture practices. Shine a spotlight on it.
With some persistence and legal maneuvering, you can often win your car back even if the police try civil forfeiture. Don’t let them take your property without a fight.
Install an Ignition Interlock Device
After a DUI conviction in New Jersey, you’ll likely need to install an ignition interlock device (IID) to get your license back. This breathalyzer device prevents you from starting your car if you have any alcohol on your breath.
You’ll need to keep the IID installed for 6 months-1 year usually, and it ain’t cheap. Expect to pay $70-$100 for installation plus $60-$80 per month in maintenance fees. Oof.
The good news is you can usually have the IID installed in any car – your own car, a family member’s car, or even a work car. This allows you to drive legally as soon as you complete the IDRC program and pay the installation fees.
Having the IID device in your car also shows the court you are being responsible. This can help get any license suspension period reduced so you can drive unrestricted sooner.
No one wants an IID but looking at it as a short-term necessity can make it less painful. And it beats not being able to drive at all! Take it one day at a time.
Consider a Public Defender
Hiring a private DUI defense attorney can be extremely expensive. Rates of $2,000-$5,000 are common! If you can’t afford a lawyer, don’t panic – you can get a public defender in New Jersey.
Public defenders are real lawyers with DUI experience. They are paid by the state but can still help negotiate with the prosecutor, challenge the DUI charges, and assist with getting your license and car back.
Sure, a private attorney with time to dedicate just to your case is ideal. But a free public defender is way better than going it alone. Don’t let the cost of a lawyer stop you from fighting the DUI charges.
Ask about getting a public defender at your first court hearing. They truly can help despite the heavy caseloads. And who doesn’t like free?
Don’t Give Up Hope!
Even with the hassle of impound fees, license suspensions, and other penalties, this DUI arrest does not need to ruin your life. Stay positive and take it one step at a time.
Keep your job by arranging transportation. Spend extra time with family and sober friends. And follow all the court’s instructions carefully.
If you use this as motivation to make changes, you can come out of this experience stronger and wiser. Let it be a wake up call rather than a setback. Your goals are still within reach with determination.
Thousands get through DUIs in New Jersey each year. With patience and perseverance, you will get your license back, car back, and life back on track. Don’t lose hope – you’ve got this! Things will return to normal sooner than you think.